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How to claim share in great grand fathers property
02-Jul-2023 (In Property Law)
my great grandfather got land through declaration judgement. he had two children ( 1 male & 1 female). After his death great grand mother gave application to transfer her land rights to her daughter( grandmother), since her son was not with her and not taking care.So sumathi got land in her name( RTC everything in her name). Now both brother and sister died. full land is in sister's children's(4 childrens) name. Now brother's children's sent lawyer notice asking property share !! Now my question is, 1) Do we need to give property share to brother's children's ? If yes what is the way we can retain the same ?
Grand Son has no right in the property of his grand-mother. Grandmother is competent to give the property to son/daughter by writing a WILL, if the property is the self acquired property of the grand mother. If the property is an ancestral property then no WILL can be made, and in such a case the grandson will only get a share out of the share of his father.
on your grand father demise your grand mother and the children were legal heirs .
Kindly answer this query
1)How did your grand mother inherit property on your grand father demise?
2)if your grand mother has left a will and bequeathed you the property you would inherit her property under the will .
3) you have not mentioned whether your exactly how sibling sumathi had any other brother and sister . in the event your sumathi had any siblings they would also have equal share in your grand mother estate
4) In case if your uncle was alive than he could file suit for partition to claim share in the land, but no more and if his son's prove AND challenge the transfer of property was fraudulent executed by your grandmother . Later they have prove delay moving to court had to be explained. However, they donot have any rights in grandmother property .
on your grand father demise your grand mother and the children were legal heirs .
Kindly answer this query
1)How did your grand mother inherit property on your grand father demise?
2)if your grand mother has left a will and bequeathed you the property you would inherit her property under the will .
3) you have not mentioned whether your exactly how sibling sumathi had any other brother and sister . in the event your sumathi had any siblings they would also have equal share in your grand mother estate
4) In case if your uncle was alive than he could file suit for partition to claim share in the land, but no more and if his son's prove AND challenge the transfer of property was fraudulent executed by your grandmother . Later they have prove delay moving to court had to be explained. However, they donot have any rights in grandmother property .
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Adv. Meera
Bangalore | 25+ Answers
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If your great grand father has died intestate and If you are a Hindu means as per the Hindu Succession Act your brother's children will get the right in the property along with sister's children. You can't retain it in any manner if they have filed suit before court and you can't deny their share.
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Adv. Rajesh K.S
Bangalore | 500+ Answers
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As per Hindu Law, Son's children have got right over the property. Grandmother has no right to transfer the entire property to the name of her daughter. Therefore,as per the provisions of Hindu Law, you have to give property share to brother' s children. There is no way to retain in entirety
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Adv. Vijaya Vasantha Kumari
Bangalore | 25+ Answers
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