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Grand daughters right on fathers property
19-Aug-2023 (In Property Law)
My grandfather gave share of property to three of his sons.one son is my father.i have one sister.now my father is planning to give half of entire property to my sister also.my doubt is all the property my father came to him through my grandfathers self aquired property. is my sister have right to claim the property .my father himself decides to give most of the property to my sister and only some to me.we are two children -one son and daughter for my father,please advice me legally what is the rule for sharing grandfather property.did grand daughter have right to claim the property
First of all your question itself is wrong.
Your sister is not claiming your grandfather's property as her share.
She is not even claiming her share in the property.
Your grandfather's father is no more available in the same form that anyone is claiming a share in it.
From your grandfather's self acquired property nobody including your father had any rights during his lifetime.
Your grandfather transferred his properties by partitioning the same among his sons as per his desire during his lifetime.
The property acquired by your father as his share from his father becomes his own and absolute property after this acquisition.
Once the share of your grandfather's property allotted to you became your father's own and absolute property, he has full rights in it to transfer or distribute the same to anyone of his choice and int the manner he desired.
He need not take anyone's permission or consent to allocate any quantum of his property to anyone of his choice.
In fact neither you nor your sister or even your mother has any right to claim any share in your father's this absolute property.
You cannot legally interfere in your father's decision to allot more property to your sister nor you can question his decision that why he allotted less property to you.
You cannot question him nor can claim it as a right even if he did not allot any share of property to you.
This is law, hence instead of agitating over the issue, better sit and talk to your father for a peaceful and an amicable solution for this.
Your sister is not claiming your grandfather's property as her share.
She is not even claiming her share in the property.
Your grandfather's father is no more available in the same form that anyone is claiming a share in it.
From your grandfather's self acquired property nobody including your father had any rights during his lifetime.
Your grandfather transferred his properties by partitioning the same among his sons as per his desire during his lifetime.
The property acquired by your father as his share from his father becomes his own and absolute property after this acquisition.
Once the share of your grandfather's property allotted to you became your father's own and absolute property, he has full rights in it to transfer or distribute the same to anyone of his choice and int the manner he desired.
He need not take anyone's permission or consent to allocate any quantum of his property to anyone of his choice.
In fact neither you nor your sister or even your mother has any right to claim any share in your father's this absolute property.
You cannot legally interfere in your father's decision to allot more property to your sister nor you can question his decision that why he allotted less property to you.
You cannot question him nor can claim it as a right even if he did not allot any share of property to you.
This is law, hence instead of agitating over the issue, better sit and talk to your father for a peaceful and an amicable solution for this.
Helpful?
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20+
Adv. T Kalaiselvan
Vellore | 400+ Answers
Chat
Yes. If you are hailing from Tamil Nadu - A daughter who is married after the date of commencement of the Hindu Succession Act (Tamil Nadu Amendment) Act, 1989 (Act 1 of 1990) ,i.e., 25.03.1989 has became coparceners entitled to a share equal in the ancestral property. As far as whole India is concerned the 2005 amendment to the Hindu Succession Act, 1956, clearly provides that the right conferred on a ‘daughter of a coparcener’ is ‘on and from the commencement of the Hindu Succession (Amendment) Act, 2005.” So Your sister is entitled to inherit the ancestral properties.
Helpful?
15+
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Adv. Vasavi Sridevi Sivanandam
Chennai | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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