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How to claim my share in deceased grandfather's property?
04-Mar-2023 (In Property Law)
My grand father(has two sons and one daughter, elder son died in 2011 & he has only daughter and I am the only son of younger son) got his assets from his father and he didn't share equally with all of his three children. My grand father sold 12 acres(got from his father and NOT SELF ACQUIRED) of land in 2004 and gave that money to his daughter(my father's sister) and Elder son only(cleared some debts of his elder son). I was minor at that time and my father(medically blind person) didn't sign on the documents at that time while selling that land and they(my grandfather and my father's sister) intimidated my father to be silent. My grand father died in 2015 and my grand mother still exists and she supports her daughter only. So, Can I file a civil suit on this to get my share of property now? Is it valid now to ask for my share?
)A grandson’s rights on his grandfather’s property depends on the nature of the property. Whether the property is an ancestral property or it is a Self – acquired property.
What is an ancestral property?
A Property which is inherited by a Hindu from his father, father’s father or father’s fathers’ father, is ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner.
Rights in the ancestral property are determined on the basis of per stirpes and not per capita. So, the share of each generation is first determined and successive generations in turn sub-divide what has been inherited by their respective predecessors.
If the property is an ancestral property, the grandchild has equal share on the same. He can file a civil suit for declaration and partitioning along-with petition for interim relief. Rights protected in law cannot be denied.
What is the right of the grandchild on the Self- acquired property of the Grandfather?
A grandchild does not have any birth right on the self- acquired property of his grandfather if it had been allotted to his father in a family partition in his capacity as legal heir and not as a coparcener under the Hindu Succession Act 1956. The grandfather can transfer the property to who whoever he desires.
If the Grand Father dies without leaving any Will, then only his immediate legal heirs i.e. his wife, son(s) and daughter(s) will have right to inherit the property left behind by the Grand Father.
As the properties inherited by the Wife, Son(S) and Daughter(s) of the deceased would be treated as Personal property of those who inherit the property, no one else has any right to claim any share in the same property.
In case any son or daughter of the grandfather died before his death, then the legal heir of the predeceased son or daughter will get the share which the predeceased son or daughter would have got.
The grandchild of the grandfather shall be entitled to get share of his/her predeceased father only, if the father is alive then she is not entitled to any share.
What is an ancestral property?
A Property which is inherited by a Hindu from his father, father’s father or father’s fathers’ father, is ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner.
Rights in the ancestral property are determined on the basis of per stirpes and not per capita. So, the share of each generation is first determined and successive generations in turn sub-divide what has been inherited by their respective predecessors.
If the property is an ancestral property, the grandchild has equal share on the same. He can file a civil suit for declaration and partitioning along-with petition for interim relief. Rights protected in law cannot be denied.
What is the right of the grandchild on the Self- acquired property of the Grandfather?
A grandchild does not have any birth right on the self- acquired property of his grandfather if it had been allotted to his father in a family partition in his capacity as legal heir and not as a coparcener under the Hindu Succession Act 1956. The grandfather can transfer the property to who whoever he desires.
If the Grand Father dies without leaving any Will, then only his immediate legal heirs i.e. his wife, son(s) and daughter(s) will have right to inherit the property left behind by the Grand Father.
As the properties inherited by the Wife, Son(S) and Daughter(s) of the deceased would be treated as Personal property of those who inherit the property, no one else has any right to claim any share in the same property.
In case any son or daughter of the grandfather died before his death, then the legal heir of the predeceased son or daughter will get the share which the predeceased son or daughter would have got.
The grandchild of the grandfather shall be entitled to get share of his/her predeceased father only, if the father is alive then she is not entitled to any share.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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