Can my grandmother claim a share in my fathers self acquired property
08-Aug-2023 (In Property Law)
Our family is of hindu lineage. Recently my father passed away without leaving a will.His legal heirs are his mother,his wife & his 3 children.All the property & money he has is his self-earned through his 40yrs of work & not through heritage.1 property was given as gift from his mother 2 yrs ago which was also bought by my father's money roughly 25 yrs agoon my grandmother's name.We also get monthly rent from some of these property which is used for our livelihood. 1)Can my grandmother claim a share in these property as a legal heir?Can we get legal heir certificate without her name? 2)If she gets a share then can she give this share to others through a will or gift deed or property transfer?What'll happen to her share after her death.....will it go to remaining heirs of my father or go to her legal heirs or others according to her will? 3)Does she get a share in income(rent) generated from the property or only a share in the property & the money when its sold?
Your grandmother being a Class-I legal heir of your father is entitled to her proportionate share of your father's property. She may deal with her share in any manner she deems fit. She is entitled to her share of the income too.
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In your case your father died intestate and in such a situation the prevailing legal position is that the property and his other assets will go to his class 1 legal heirs which include his mother also and you can not take away that right . After your grand mothers death it will go to her legal heirs because it is an inherited property.
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