Can married daughter claim share in late grandfathers property


After death of Grand father his property is divided between 4 sons . Elder son has given his entire share to his son only and not willing to share to his 2 married daughters.Can they claim their share


Answers (1)

Grandfather's property is not ancestral property. As soon as grand father divided the property amongst four sons, each son became owner of divided portion of property to the extent of their determined share. After such division, it is prerogative of each brother to decide whether he wants to sell or gift or set out testamentary instrument in respect of said property as per his wish. Thus, the elder brother is well within his rights and power to give his entire share to his son to exclusion of daughters. The said share can be given by way of gift to son during lifetime of elder brother or by way of WILL.


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