Regarding property distributions

744 votes

Dear client good evening,

in your case yes you can take your share in the property which is the ancestry, if you're grandpa didn't made it by will .
according the law same share distribution all family members.

Advocate Nataraja KS LawRato

878 votes

Dear Sir,
My answers are as follows:
1.Is there any right for grand son in his grand father's(died) property when he doesn't make a will?
Ans: First it goes to the son of grand father’s son and after his death you will get(grand son). Please see the following.
2.Is there any additional value for elder son in his father's property?
Ans: No such rule.
What does the grandparent's property law in India state? Does the grandson own the right to the property?
All property's owned by a Hindu person devolves onto his class one legal heir's.

Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir)

Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally.

Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.

Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.

Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.

To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner.

Hope this brings some clarity to your question and your sense of entitlements.

Advocate Kishan Dutt Kalaskar LawRato