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What is the share of grandson in grandfather's property


23-Dec-2023 (In Property Law)

My Late Grandfather has self aquired property .He died without leaving a will . He had One son ( My father ) & 7 Daughters.My Father being the only son inherited the property .My father died leaving a will in favour of my elder brother .Can I claim any share in that property . ( My Lawyer says that I Can't Claim any share as the property is not of my Great Grandfather but was self aquired by my grandfather & My Father has left a WILL in favour of my elder brother , Is my Lawyer correct )

Answers (3)

Answer #1
823 votes
Hi
If your father had 7 sisters your father could not have inherited whole of the property.
Any way after injecting the property from your grand father your father became the absolute owner of that property and if he willed it to your brother you brother gets it all by virtue of that WILL.
Your lawyer has advised you correctly that you can not claim it unless you prove force fraud or undue influence in execution of the WILL.
Answer #2
871 votes
Hi. Your lawyer is correct in saying that you Cannot claim a share in your grandfather's property as it was his self acquired property but your Aunts (your grandfather's daughters) have a fair right in claiming their shares in your grandfather's property since he died intestate i.e. with leaving behind any WILL. Further, nothing stops you in law to challenge the WILL made by your father in favour of your elder brother because had there been no WILL at all, you would have successfully inherited a share in the property. There are so many facts and circumstances which have to be taken into consideration while challenging the WILL of your father which may be discussed when you finally decide to challenge the WILL of your father.
Answer #3
655 votes
Since the property is of your grandfather and he died without leaving any Will, your father is not the sole owner of the property. His sisters also can claim a stake. You have also got a share in the property of your grandfather if he did not make any Will in favour of your father alone. Pl. show papers for complete analysis.

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