×
  

Continue to LawRato.com with Google


Continue

Can grandson claim rights in grandfather's property?

October 31, 2018
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.

 

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.

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.



 


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Property Lawyers in India

Advocate Prabhjit Jauhar
Connaught Place, Delhi
21 years Experience
Advocate Harish Malhotra
District Court, Gurgaon
21 years Experience
Advocate Prashant Mendiratta
Lajpat Nagar 4, Delhi
25 years Experience
Advocate T Kalaiselvan
Kosapet, Vellore
17 years Experience

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.

Fixed Cost Legal Services

Draft a Sale Deed / Property Purchase Agreement

4.6 | 197 ratings
Fixed Price Rs. 9999
30 Min Intro call + Start to finish help - Sale Deed / Property Purchase Agreement drafted by a local experienced advocate
Document Review - Gift Deed

4.3 | 37 ratings
Fixed Price Rs. 3499
Review + 30 Min phone call - Gift Deed review by a local experienced advocate
Draft a Gift Deed

4.6 | 182 ratings
Fixed Price Rs. 6999
30 Min Intro call + Start to finish help - Gift Deed drafted by a local experienced advocate
Document Review - Sale Deed

4.8 | 73 ratings
Fixed Price Rs. 4999
Review + 30 Min phone call - Sale Deed review by a local experienced advocate
Property Registration

4.7 | 291 ratings
Fixed Price Rs. 9999
Get your property registered through an experienced local advocate
Title Opinion Report

4.8 | 193 ratings
Fixed Price Rs. 4999
Get a detailed Title Opinion Report by expert real estate lawyers in your city
Draft an Agreement to Sell

4.9 | 94 ratings
Fixed Price Rs. 6000
30 Min Intro call + Start to finish help - Agreement to sell drafted by a local experienced advocate
Property Verification / Due Diligence

4.8 | 421 ratings
Fixed Price Rs. 7499
Property Verification, Title Search and due diligence conducted by a local experienced advocate
Legal Notice for Delay in Construction

4.4 | 24 ratings
Fixed Price Rs. 2499
30 Min Intro call + Start to finish help
15 Minutes Property Advice Session by Phone

4.8 | 541 ratings
Fixed Price Rs. 499
Ask questions and get advice from a local experienced advocate on your Property Matter
Document Review - Agreement to Sell

4.7 | 108 ratings
Fixed Price Rs. 1999
Review + 30 Min phone call - Agreement to Sell review by a local experienced advocate
Legal Heir / Succession Certificate

4.8 | 71 ratings
Fixed Price Rs. 19999
Apply for a Legal Heir / Succession Certificate through a local experienced advocate
Get free legal advice from top Property lawyers for your specific issue

Property Law Articles

Now file DDA complaints on Facebook and Twitter

How to get your property back?

Steps to get back your property from illegal possession

Homebuyers: Here is how RERA will protect you

Get free assistance for your legal issue