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Right of Grandson in grandfather's property after his death
13-Feb-2023 (In Family Law)
My aunt is a joint owner of her house (bought from husband's salary and not ancestral) and her husband died recently without a will. She has only one son and he is married with one child (boy). The son and his wife are not in good terms and that may result in a divorce. The daughter in law is fighting for the property claiming the grandson has the full right to the house. What is the right of my Aunt to the property and if she sells it now should shae give a share to her son or grandson (daughter-inlaw)?
If the property purchased in the joint name, tour aunt clearly have 1/2 share as a joint owner. In the remaining 1/2 half share , your aunt and her son have 1/2 and 1/2 share that means your grand mother will have 3/4 share. If any claim by the grand son , he can seek share in his father's 1/4 share and not in the entire property.
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Adv. Selvaperumal
Chennai | 100+ Answers
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When she is alive she need not give share. Because it's her self earned property so no one can claim the property. If it's ancestral property and ancestors are not alive then she may claim. But here she doesn't reserve rights.
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Adv. B. Sivasubramanian
Chennai | 200+ Answers
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