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Grandchildren share in grandfathers property
17-Dec-2023 (In Property Law)
My grandfather had a plot of land in a society. He transferred the land to one of his grandson when he was alive. My grandfather had two sons, his one son having three sons and two daughters and three daughters from his second son, all are married. Can other grand children can claim the share in the property?
Hi there.
Laws of inheritance are governed by various facets, religion being the primarily affecting factor.
Due to lack of certain basic information, only a vague answer can be sketched in the instant case.
In pursuance of the query posed, the following opinion is presented herewith viz. confined to the limited available facts:
Firstly, it is assumed that the Hindu law is applicable in the present situation.
Secondly, in light of the available facts, it is presumed that such property was self acquired property of your grandfather.
Please note that the distribution of property among the heirs depend upon the mode of acquisition of the property in question. Therefore, the course of action shall vary, in case of ancestral property.
Thirdly, the mode of transfer of such property is not mentioned. Hence, a presumption is again made that the same was transferred via execution of a gift deed which was then registered.
Accordingly, In light of such presumptions, it can be observed that if such self acquired property had been transferred by the owner, viz. your grandfather in the instant case, via a gift deed to one of his grandchild, then the remaining grandchildren shall have no right to claim inheritance in the same. However, again, it is to be ascertained that whether or not such gift deed has been executed. In case of non registration of the same, other grandchildren may contest the execution of the same before the Court of law.
For a well reasoned opinion, entire facts of the case along with the related documents are required.
Hope this opinion was of some help.
Regards,
Advocate Samidha
Laws of inheritance are governed by various facets, religion being the primarily affecting factor.
Due to lack of certain basic information, only a vague answer can be sketched in the instant case.
In pursuance of the query posed, the following opinion is presented herewith viz. confined to the limited available facts:
Firstly, it is assumed that the Hindu law is applicable in the present situation.
Secondly, in light of the available facts, it is presumed that such property was self acquired property of your grandfather.
Please note that the distribution of property among the heirs depend upon the mode of acquisition of the property in question. Therefore, the course of action shall vary, in case of ancestral property.
Thirdly, the mode of transfer of such property is not mentioned. Hence, a presumption is again made that the same was transferred via execution of a gift deed which was then registered.
Accordingly, In light of such presumptions, it can be observed that if such self acquired property had been transferred by the owner, viz. your grandfather in the instant case, via a gift deed to one of his grandchild, then the remaining grandchildren shall have no right to claim inheritance in the same. However, again, it is to be ascertained that whether or not such gift deed has been executed. In case of non registration of the same, other grandchildren may contest the execution of the same before the Court of law.
For a well reasoned opinion, entire facts of the case along with the related documents are required.
Hope this opinion was of some help.
Regards,
Advocate Samidha
Helpful?
dear sir ,
we have readout your query very carefully, your grandfather had a plot of land in a society . , he transferred the land to one of his grandson when he was alive , your grandfather had two sons, his one having three and two daughters and three daughters from second son , all are married . sir apka rights hai aur aap daba kar skte hai property me se .
we have readout your query very carefully, your grandfather had a plot of land in a society . , he transferred the land to one of his grandson when he was alive , your grandfather had two sons, his one having three and two daughters and three daughters from second son , all are married . sir apka rights hai aur aap daba kar skte hai property me se .
Helpful?
Adv. J. P. Rinwa
Jaipur | 200+ Answers
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If it was self acquired property of grandfather then nothing can be done and the person in whose favor the will was executed will be the sole owner of the same.
If it was inherited property of grand father then the legal heirs will have their right over the same
If it was inherited property of grand father then the legal heirs will have their right over the same
Helpful?
Adv. Vijyant Nigam
Lucknow | 100+ Answers
Chat
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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