Can grandson claim rights in grandfather's property?

हिंदी में पढ़ें
September 22, 2021
By Advocate Chikirsha Mohanty



A grandson’s rights in his grandfather’s property depends on the nature of the property whether the property is an ancestral property or it is a Self – acquired property.

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Grandson's Rights in Grandfather's Property

Whether the grandson will have a right in the property of his grandfather or not,depends upon the applicableinheritance law. It is important to note that in India, there is no uniform law of inheritence in India. Succession and Inheritance are subject to various personal laws, depending upon the religion. Grandson's rights in his grandfather's property is also dependant upon the kind of property and how it is delt with i.e. whether self-acquired, ancestral, or if there is a Will made for a self acquired property.



What is the Right of the Grandchild in the Self- Acquired Property of the Grandfather?

A grandchild does not have any birth right in the self- acquired property of his grandfather if it has been allotted to his father in a family partition in his capacity as legal heir and not as a coparcener under theHindu Succession Act 1956. The grandfather can transfer the property to whoever he desires.

If the Grandfather dies without leaving any will, then only his immediate legal heirs i.e. his wife, son(s) and daughter(s) will have right to inherit the property left behind by him.

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As the properties inherited by the wife, son(s) and daughter(s) of the deceased would be treated as a personal property of those who inherit the same, no one else has any right to claim any share in the same property.

In case anysonordaughterof the grandfather dies before his death, then the legal heir of the predeceased son or daughter will get the share which the predeceased son or daughter would have got.

The grandchild of the grandfather shall be entitled to get a share of his/her predeceased father only but if the father is alive then she/he is not entitled to any share.

When Can a Grandchild Inherit Grandfather's Ancestral Property

A property which is inherited by a Hindu from his father, father’s father or father’s fathers’ father, is ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner.Rights in the ancestral property are determined on the basis of per-stirpes and not per-capita. So, the share of each generation is first determined and successive generations, in turn, sub-divide what has been inherited by their respective predecessors.If the property is an ancestral property, the grandchild has equal share in the same. He can file a civil suit for declaration and partition along-with petition for interim relief. Rights protected by law cannot be denied.

Agrandson's right on his grandfather's ancestral property accrues by birth. The right is vested the minute the grandson is born, and it does not depend upon his grandfather's death. A grandson thus owns an undivided share of ancestral property since the very beginning. Distribution of property takes place in such a way that each share gets further divided into the successive generations.

When Can a Grandchild Inherit Grandfather'sProperty Through a Will?

Every adult and sound individual can execute a Will. A person who writes his/her Will is called the Testator. Only and only if the grandfather has specified in his Will before his death that his grandchild will be a legatee/beneficiary of a specified share of their estate, then only will that grandchild be entitled to inherit that particular share of his grandfather's estate/property/assets/wealth. However, if the grandfather dies without a valid Will, the succession will be governed by the rules of Successions. For example, in Hindus, it will be governed by the Hindu Succession Act, 1956.

When can a Grandchild inherit Grandfather’s Property without a Will?

The succession of the estate is governed by the Hindu Succession Act, 1956, if the deceased Hindu did not leave behind a will. The grandfather’s property can only be inherited by a grandchild if the parent through whom they are related has died before the grandparent. In such cases, the share that the parent would have inherited if they were alive will be distributed amongst the grandchild and their siblings. This share is equally divided.



Difference between Property inherited from Father and Grandfather

1. If the nature of the property inherited is ancestral, then the grandson and his father have equal rights.
2. A grandson has the birth right to claim a share in the property of his grandfather. The father’s self-acquired property, however, shall vest in the child only after the death of the father.
3. A child can be excluded by his father from his self-acquired property, but a grandson cannot be excluded from the ancestral property of his grandfather.
4. If the grandchild is passed the self-acquired property of the grandfather, he can inherit that property only after his father dies. The grandchild shall receive the share of his father.



How can a Lawyer Help You?

At times the law and the legal procedures can get confusing and hard to understand, particularly when the issue is in regards to a dispute related to family property. In such a situation, one may not understand how to decide the legal issue, the area to which the issue relates with, whether the issue requires going to court and, how the court procedure works. Seeing a propertylawyerand getting some legal advice can empower you to comprehend your decisions and can give you the assurance to empower yourself to decide your legal plan of action.

An experiencedlawyercan offer you expert guidance on how to deal with your property issue owing to his years of experience in dealing with such cases. Areal estatelawyer is an expert on the laws related to property and can enable you to follow a strategic framework while avoiding mistakes that may cause monetary damage or will require future legal proceedings to correct. Therefore, by hiring a property lawyer an individual can ensure that he can stay away from deferral and get his share in the property as quickly as possible.You can also use LawRato'sFree Legal Adviceservice to get free advice on your case from expert propertylawyers.

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What happens if the issue is not addressed timely?

Property disputes between familyare a common occurrence in India nowadays. Legal disputes over property occur across individuals at various levels in the society, be it families with low-salary or wealthy families. Even a will as solid as iron can be challenged by the troubled beneficiaries and the property can be put to dispute for a long time except if settled by the courts. Therefore, it is critical to resolve the issue at the earliest opportunity with the assistance of an experienced property lawyer,who can direct you with the case and can enable you to get your share in the property in an effective and less time-consuming way.

References:

  • https://www.indiacode.nic.in/handle/
    123456789/2338?locale=en

  • https://dolr.gov.in/en/acts-rules-
    policiesacts/acts

  • http://land.delhigovt.nic.in/wps/wcm/
    connect/DOIT_Land_Building/land/home

  • http://land.delhigovt.nic.in/wps/wcm/
    connect/doit_land_building/Land/Home
    /Grievance+Redressal

  • https://www.indiacode.nic.in/handle/
    123456789/1713?view_type=browse&sam_
    handle=123456789/1362



 

Comments


Bhushan Aggarwal
Grand daughter ka apne papa ki death hone ke baad un ki property pr koi right h

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