Can Grandson claim share in the property of grandfather

758 votes

It's very difficult task to give a justified reply to such a sketchy query without appropriate facts required for touching such tedious field of property law....to claim a share on ancestors property acceded through generations or self acquired need to be looked into. If the property was self acquired by ur grandfather then he is free to nominate his successors..if testator died without any will then succession would be followed as per classification of different heirs as per Succession Act and thereon...for a reasonable reply, u need facts full of details and documents available before a legal professional of repute. Thanks

Advocate Nitesh Kumar LawRato

681 votes

What is the nature of property ancestral or self acquired? Your legal claim in grandfather's property is in proportion to the share of your father. If your father is surviving, he being Class I heir would have first claim according to Hindu laws. Kindly provide more details or contact local civil lawyer.

Advocate Soma Pandey LawRato

923 votes

Yes you have a right to claim share by yourself and also on behalf of your father in the grandfathers property you can ask for a equal share in the property as it is ancisteral property you can file a case for partition if it is a property

Advocate Akshay Gupta LawRato

695 votes

There is no concept of Joint property under Muslim law. The property of the deceased deveolves upon his successors, whose shares are pre-determined on his death, unlike the Hindu law wherein the property is held in jointpool. As in your case, the shares will be divided unto grandmother, 3 sons and 1 daughter. If your father i.e. one of the son is not asking share, hence you do not obtain any right to seek share. The situation would have been different in the absence of your father.

LawRato LawRato