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Can grandson claim share in Grandfathers property after Fathers death
02-Nov-2023 (In Property Law)
Hi, I live in a joint family. My grandfather has 2 brothers. All 3 of them jointly ran a business. Recently all 3 of them separated with mutual consent and my grandfather got 1/3rd of his share in the total wealth accumulated by 3 brothers. Now my grandfather has 3 male children including my father. But my father has passed away when I was 3 yrs old. Now the problem is that, my grandfather is planning to give his total wealth he has got during partition, to his only 2 living son's i.e younger brothers of my father and he is not ready to give a single rupee to me i.e his grandson. Now my question is, can I legally claim 1/3rd share of my grandfather as my father has expired?
grandsons have rights if there is ancestral property,but,if have no right in self acquired property of grandfather
on grand father demise intestate his property would devolve on grandmother , his sons and daughters
during lifetime of his children grandsons have no right on grandfather property
on grand father demise intestate his property would devolve on grandmother , his sons and daughters
during lifetime of his children grandsons have no right on grandfather property
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24+
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Adv. Vedashree A
Bangalore | 500+ Answers
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Who is legal heir for grandmother?
1. Your father and another daughter will inherit the property that your grandmother left behind upon her death. This property is not yours. You cannot build any structures on the property that do not belong yours.
Who is the owner of grandmother property?
Hindu Succession Act. Under the Hindu Succession Act in certain circumstances, grandchildren can inherit their grandmothers assets. As an example, in the case of property acquired by the grandmother intestate: Her grandchildren along with her children have a share. 10-Feb-2018
Can grandchildren claim property from grandmother?
According to the Hindu Succession Act 1956, the grandchildren of deceased grandparents have the right of inheritance. The legal heirs inherit the property of a grandfather or grandmother who died intestate. 25-Feb-2023
If it is your grand father's self acquired property then you can't claim any rights in that . If your grand father has earned it by depending upon ancestral property then you can claim for your right in the property. It may be joint business with your grand father's brothers but if it is partnership business and your grand father's hard earned money is involved it means then you can't claim your right in it. First confirm whether it is self acquired property or ancestral property to claim your right in it
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Adv. Rajesh K.S
Bangalore | 500+ Answers
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In your problem you informed that the property was in the joint name and was a joint family property. Your father got 1/3rd share.
When it was ancestral property, then your father will get equal right over the said property. Here you can claim your father share. If the said property was obtained by your grand father under a WILL or a Gift Deed, you dont have any right over the said property.
In your problem your have mentioned of wealth gather from partition. But you have not mentioned detail with regard to the said partition. Because it is required to decide who are the parties to the said partition.
Please contact any advocate near by you
When it was ancestral property, then your father will get equal right over the said property. Here you can claim your father share. If the said property was obtained by your grand father under a WILL or a Gift Deed, you dont have any right over the said property.
In your problem your have mentioned of wealth gather from partition. But you have not mentioned detail with regard to the said partition. Because it is required to decide who are the parties to the said partition.
Please contact any advocate near by you
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Adv. M Lakshmikanth Arya
Bangalore | 500+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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