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Can g.son challenge grandfather’s property distribution within his bro
23-Aug-2023 (In Property Law)
Elder grandfather distributed kul kayada property within brothers in 3 parts for himself and for other two real brothers. Then everyone has paid their part of dhara to get M32 certificate and their name on property 7/12, after almost 55 yrs later grandson of elder grandfather is challenging this distribution saying fake / cheated by other younger brothers.Is there any limitation / validity to challenge such claim for property if yes then please let me know the period. This property is in Raigad (Aligbag) and distribution as per ferfar is done in year 1962.
Grandchildren cannot claim a share in the self-acquired property of their paternal grandfather if it had been allotted to their father in a family partition in his capacity as legal heir and not as a coparcener under the Hindu Succession Act 1956,
If the property of the grand father was his self acquired property then this property shall devolve to all his legal heir if he died intestate i.e. no testamentary document such as 'will' exist with regard to the property made by him during his life time. The grandson is not legal heir if his father is alive in such case, in case the father of the grandson died before the death of grand father then the grandson being son of the predeceased son get the share in the property which his father would have got, sharing that share along with his mother i.e. widow of his father.
WILL means the legal declaration of the intention of a person with respect to his property, which he desires to take effect after his death. -is an untitled document which state after the death of a person making the deposition.It can be revoked , modify or substituted by the person executing the Will at any point of time during his/her life time.
On the death of the testator, an executor of the Will or an heir of the deceased testator can apply for probate. The court will ask the other heirs of the deceased if they have any objections to the Will. Thereafter, if no objection is received, the probate will be granted. It is only after this that the Will comes into effect.
If the property of the grand father was his self acquired property then this property shall devolve to all his legal heir if he died intestate i.e. no testamentary document such as 'will' exist with regard to the property made by him during his life time. The grandson is not legal heir if his father is alive in such case, in case the father of the grandson died before the death of grand father then the grandson being son of the predeceased son get the share in the property which his father would have got, sharing that share along with his mother i.e. widow of his father.
WILL means the legal declaration of the intention of a person with respect to his property, which he desires to take effect after his death. -is an untitled document which state after the death of a person making the deposition.It can be revoked , modify or substituted by the person executing the Will at any point of time during his/her life time.
On the death of the testator, an executor of the Will or an heir of the deceased testator can apply for probate. The court will ask the other heirs of the deceased if they have any objections to the Will. Thereafter, if no objection is received, the probate will be granted. It is only after this that the Will comes into effect.
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Adv. Ishan Rohan
Ranchi | 200+ Answers
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