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No grandchildren can their parents claim ancestral property


08-Dec-2023 (In Property Law)
Hello! The deceased father of a friend of mine and her brother, has left a will leaving his property to his grandchildren. Unfortunately, she and her brother do not have children (they are both over 65 years old). Given this situation, can they legally claim the property? I am not sure whether she is hindu or chiristian. Thank you.
Answers (1)

Answer #1
583 votes
Assuming you are Hindus,

As per Section 6 of the Hindu Succession Act, you have a right on the ancesteral property.

Further you will have to file a suit for partition thereby seeking claim in the property and alongwith the application you will have to file an application for temporary stay, thereby seeking status quo which means that your brother cannot sell the property.

It is an individual private matter, so you will not get free legal aid in this matter.
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