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Can a grandson claim a share in the property of his grandparents


29-Mar-2023 (In Property Law)

Can a grandson claim his share of property from grand mother or father who have died intestate while his father is alive

Answers (2)

Answer #1
582 votes
The grandson can claim such right. Any property inherited by the father from the grandfather shall be coparcenary property and the grandson would have a share in such property by birth, irrespective of whether the property was built or bought by the grandfather using his own funds or joint family funds. I think this would be a sufficient answer. Please clarify as to whether the family in question is Hindu or not.
Answer #2
552 votes
Under the Succession law in India, the grandson cannot claim the grandfather's property in case the father is alive. The grandson has a share of the ancestral property of the grand father, but if it is self acquired property if the grand father, and the grand father or mother has died intestate then it will devolve upon their son first.

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