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What are the rights of children in ancestral property
25-May-2023 (In Property Law)
Sir, There is a Property in my Grandmother's name, and a House is built over the Property by my Uncle. So who among the Children (Grandmother's Children) deserve that property? Whether all the Chlidren should get their part? Any one(among Children) can take the Property into his/her name? Please reply as soon as possible. Thank yoy
Your grandmothers property was ansistral property definitely the grany children's only deserve but if it is own earned property she have right to gift,or sale or will anything can do but before that you should clarify how is property came to her name
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Adv. Vedashree A
Bangalore | 500+ Answers
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Hi, Your query need more discussion on property document and Will of your grandmother. As per hindu succession act the property would have to be shared as per the grandma's will ( if she left any will ) .
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Did your grand mother executed a will of her property or died intestate has to be clarified from your side to know the legal status. Suppose your grand mother property is self acquired property and if she has executed Will or Gift in your uncle's name means your uncle has complete right over the property and other siblings cannot claim right in it. If the property is ancestral property means your father and other siblings have a share in it even though your uncle has built a house in it. If it is your grand father's self acquired property and if he has transferred it in to your grand mother's name exclusively means your grand mother is free to execute Will or Gift as per her wish to any of her children.
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Adv. Rajesh K.S
Bangalore | 500+ Answers
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In India a property that came into the name of a woman becomes her absolute property and during her life time she can dispose of it as she pleases, and others cannot claim any right over it. You need to check how it came to her, as in some cases properties come to women not as a right.
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Adv. S.K Prabhakar Shetty
Bangalore | 500+ Answers
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