Can grandson claim rights in grandfather's property?

हिंदी में पढ़ें
August 07, 2019
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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What is an 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.
 

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 the Hindu 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.

Consult: Top Property Lawyers in India

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 any son or daughter of 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.
 

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 property lawyer and 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 experienced lawyer can offer you expert guidance on how to deal with your property issue owing to his years of experience in dealing with such cases. A real estate lawyer 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.

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What happens if the issue is not addressed timely?

Property disputes between family are 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.



 

These guides are not legal advice, nor a substitute for a lawyer
These articles are provided freely as general guides. While we do our best to make sure these guides are helpful, we do not give any guarantee that they are accurate or appropriate to your situation, or take any responsibility for any loss their use might cause you. Do not rely on information provided here without seeking experienced legal advice first. If in doubt, please always consult a lawyer.


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