Father died can I claim share in the grandfathers property

658 votes

Sir,
i would like to give following views to solve and making understandable your problem;
1. In Andhra High Court
Commissioner Of Wealth-Tax, ... vs Mukundgirji on 22 February, 1983
Equivalent citations: 1983 144 ITR 18 AP
Author: J Reddy
Bench: B J Reddy, K Punnayya
"Property acquired in any of the following ways is the separate property of the acquirer; it is called 'self-acquired' property.

(1) Obstructed heritage.

(2) Gift.

(3) Government grant.

(4) Property lost to family.

(5) Income of separate property.

(6) Share on partition

(7) Property held by sole surviving coparcener.

(8) Separate earnings.

(9) Gains of learning.

6. Reference may also be made in this context to the following passage in the decision of the Supreme Court in Arunachala Mudaliar v. Muruganatha Mudaliar, :

"It is undoubtedly true that according to Mitakshaa, the son has a right by birth both in his father's and grandfather's estate, but as has been pointed out before, a distinction is is made in respect by Mtakshara itself. In the ancestral or grandfather's property in the hands of the father, the son has equal rights with his father, while in the self-acquired property of the father, his rights are unequal by reason of the father having an independent power over or predominant interest in the same; vide Mayne's Hindu Law, 11Th Edn., p. 336. I Its obvious, however, that the son can assert this equal right with the father only when the grand-father's property has devolved upon his father and has become ancestral property in his hands. The property of the grandfather can normally vest in the father as ancestral property if and when the father inherits such property on the death of the grandfather or receives it, by partition, made by the grandfather himself during his lifetime. On both these occasions the grandfather's property come to the father by virtue of the latter's legal right as a son or descendant of the former and consequently it becomes ancestral property in his hands."


2. in Allahabad High Court
Mt. Manbhari vs Bishun Pd. on 22 November, 1957
Equivalent citations: AIR 1958 All 769
Author: J Takru
Bench: D Roy, J Takru, observed as;

There is however, this difference between them, viz., that in the case of self-acquired property, the owner's power of disposition will continue to remain undiminished throughout his life time unless he chooses voluntarily to throw it into the joint family stock, whereas, in the case of the other two kinds of property, his power of disposition will become qualified and his interest reduced the moment a son is born to him or the widow of a predeceased coparcener takes a boy in adoption.

My suggestion is that first you should know further grounds to solve your problems.

Thank You.

Advocate Siddharth Dev LawRato

699 votes

Yes off course. In the absence an will by your grandfather (which i assumed does not exist) you have a birth right in your grand father's property. The remedy is to file a suit for partition with respect to the property/properties. I advise you to exercise such remedy before your uncle or whoever claims title over the property sells the same to third parties. Please feel free to contact me for detailed advise.

Advocate Vanshdeep Dalmia LawRato

613 votes

The share in Ancestral property if devolved among different heirs can be legally claimed but if it is a self acquired share and if there is no testamentary document as in will or any distribution of property in favour of your father then legally can not be claimed but yes if your father has been allocated some part of property qua your grand father share then it is recoverable.

Advocate Nishant Solanki LawRato