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Can I have right on my father's property received through will
31-May-2023 (In Property Law)
Hi, My Grandfather Passed away and left a will. Our house where we live was bought by my Grandfather on my Grandmothers name( Who passed away before my Grandfather without a will) many years back. My Grandfather has 2 children( My father and My Uncle). My Grandfather willed his share of property to my father, thereby making giving him a 2/3 share and thereby giving my uncle 1/3 share. So if my father and uncle decide to sell the property what rights do me and my mother have? Do we have a share in the property as we have lived here for 30 years. Can the property be sold without our consent?
Where you grandfather has transferred his property to you father and uncle through a will then they will have complete right of that property and will be regarded as self acquired property. You and your mother cannot claim share in the property.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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Your Grandfather has inherited the property through your Grandmother after her demise. Rightly, your Grandfather, your father and your uncle have 1/3 equal share in the property. Pursuant to the Will of your Grandfather, your father became entitled to 2/3 share in the property. Therefore, your father and your uncle have absolute rights jointly to sell and dispose of the property. Under the Succession Act, the descendent legal heirs will have a right only after the demise of the owner. Therefore, the owners need not seek your consent for disposal of the property although you may have lived there for 30 years. T
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Adv. P A Narayanan
Mumbai | 25+ Answers
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