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My right on my mother's jewelry and alive grand father's property?
11-Sep-2023 (In Property Law)
I need to ask if I have any right in the property of my grandfather who is alive. This property was built by my great grandfather and the lease is in the name of my grandfather and one of his deceased brother.
Also, do I have any right on my mother's jewelry. My mother is no more and my dad is not willing to give me anything.
With respect to your Grandfather's property: As you have stated that the property was your great grandfather's self-acquired property, it depends, how your grandfather acquired the property. If this property was given to your grandfather by way of gift or will deed, then you do not have any share in it.
However, if this property devolved upon your grandfather by way if intestate succession (Succession without a will) then you have a share in the property and your share shall depend upon the other surviving heirs of your great grandfather. This share can be claimed by filing a suit for partition in the competent court.
With respect to your mother's property, as per Section 15 of the Hindu Succession Act, you, your siblings and your father have equal share in your mother's property, in case the she died intestate (without a will) and the same can be claimed by filing an appropriate suit for partition before the Competent Court.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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