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Can great grandson claim great grandfather's self acquired property ?
31-Jan-2023 (In Property Law)
A father died intestate in 1992 leaving 7sons and daughters,there are grandsonsons and greatgrandsons also. Property is self acquired.can a great grandson ask for his share by way of partition, even if his father is alive. Does it become fourth generation ancestral property in his hands.All are hindus.
1. You have stated "My grand father inherited ancestor property and died intestate in 1980".
2. If your grandfather has inherited ancestral property and died intestate, then you have the right on the said property which your mother can not relinquish/gift orally or otherwise,
3. However, make sure that you have rightly called it ancestral property,
4. The flow of the title of the property shall have to travel for four generations without any interuptions like partition/gift/settlement/will etc. i.e. from grtat grandfather to great grandchild, to be called an ancestral property,
5. If there is no such uninterupted flow of title of the said property for 4 generations then it is not an ancestral property and your mother is within her right to deal with her share of the property in any way she likes to,
6. However, to ascertain the fact, you can file a partition suit claiming your share
2. If your grandfather has inherited ancestral property and died intestate, then you have the right on the said property which your mother can not relinquish/gift orally or otherwise,
3. However, make sure that you have rightly called it ancestral property,
4. The flow of the title of the property shall have to travel for four generations without any interuptions like partition/gift/settlement/will etc. i.e. from grtat grandfather to great grandchild, to be called an ancestral property,
5. If there is no such uninterupted flow of title of the said property for 4 generations then it is not an ancestral property and your mother is within her right to deal with her share of the property in any way she likes to,
6. However, to ascertain the fact, you can file a partition suit claiming your share
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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