Can we get share in grandfather property if our parents are divorced?


What is my right in my father and grandfather’s property? Basically, my father is staying separately from us. He does not have a good behavior towards our mother.

My grandfather also favors our father. What will happen to our share if our mother files for divorce? We are supporting our mother to take divorce.

If my father and grandfather deny us share in the property, what can we do legally?

Answer

Assuming you are Hindus,

Your situation is complex. After reading your query, our inference of your situation is that,

Firstly your mother should file for divorce under section 13(1) (ia) of the Hindu Marriage act which deals with cruelty. Cruelty under the act includes mental and physical cruelty.

Now regarding you and your mother’s share in the property,

We need to get a bit more clarity to give you proper advice.

We would like to know if your father’s property is self acquired or ancestral.

Your grandfather’s property is it ancestral or self acquired? 

Only after you put light on the above questions we can guide you.

 


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