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Can grandson claim property after it is already sold
26-Jan-2023 (In Property Law)
24 years back my father bought agricultural land in Karnataka it was registered through sale deed but my father didn't do mutation.couple of years back my father and seller both passed away. Seller's son managed to change ownership claiming inheritance of the property after his father's demise, he did this without revealing that property was sold. We appealed against this decision in Asst commissioner's office & got orders favoring our position. also we got land mutated in our father's name. now we came to know that seller's grandson is preparing for a suit claiming that property was sold without his consent. grandson was a toddler at that time and his father has signed the document as a witness. i know if it is self acquired property, then grandson's claims are invalid but if it is ancestral property, do these claims valid? does our registered sale deed becomes invalid? they are purposefully trying to harass us for a mistake of not doing mutation, do we have any recourse. thanku
As you said, you should ascertain whether the property was ancestral. If it is not you are safe, and if it is then you need to be prepared by getting the reading fo sale deed and filing of a caveat before civil court.
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Adv. S.K Prabhakar Shetty
Bangalore | 500+ Answers
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A grandson’s rights on 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 on the same. He can file a civil suit for declaration and partitioning along-with petition for interim relief. Rights protected in law cannot be denied.
What is the right of the grandchild on the Self- acquired property of the Grandfather?
A grandchild does not have any birth right on the self- acquired property of his grandfather if it had 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 who whoever he desires.
If the Grand Father 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 the Grand Father.
As the properties inherited by the Wife, Son(S) and Daughter(s) of the deceased would be treated as Personal property of those who inherit the property, no one else has any right to claim any share in the same property.
In case any son or daughter of the grandfather died 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 share of his/her predeceased father only, if the father is alive then she is not entitled to any share.
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 on the same. He can file a civil suit for declaration and partitioning along-with petition for interim relief. Rights protected in law cannot be denied.
What is the right of the grandchild on the Self- acquired property of the Grandfather?
A grandchild does not have any birth right on the self- acquired property of his grandfather if it had 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 who whoever he desires.
If the Grand Father 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 the Grand Father.
As the properties inherited by the Wife, Son(S) and Daughter(s) of the deceased would be treated as Personal property of those who inherit the property, no one else has any right to claim any share in the same property.
In case any son or daughter of the grandfather died 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 share of his/her predeceased father only, if the father is alive then she is not entitled to any share.
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Adv. Meera
Bangalore | 25+ Answers
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