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How to inherit grandfathers property ?


06-Jan-2023 (In Property Law)
MY NAME IS (HINDHU) AGED 24 YEARS. MY FATHER EXPIRED IN 2001. MY GRAND PARENTS HAVE 2 SONS(INCLUDING MY FATHER) AND 1 DAUGHTER. MY GRAND PARENTS ARE ALIVE NOW.THEY ARE DENYING TO SHARE THE PROPERTY TO US.THEY HAVE TOTAL 3 PROPERTIES IN THEIR NAMES. 1 IN MY G.FATHER'S NAME AND 2 IN MY G.MOTHERS NAME. THEY GIFTED ABOVE PROPERTIES TO MY FATHERS BROTHER AND MY FATHERS SISTER I.E.,TO THEIR CHILDREN WHO IS ALIVE. ACTUALLY MY FATHER CONTRIBUTED HIS INCOME IN AQUIRING THAT PROPERTIES BY DOING BUSINESS BUT THOSE HAVE NO EVIDENCE. ALSO WE DONT HAVE ANY OTHER EVIDENCE TO PROVE. THEY ARE CLAIMING IT AS SELF AQUIRED PROPERTY. CAN I OR MY MOTHER CLAIM SHARE IN THOSE PROPERTIES? THANKS IN ADVANCE FOR YOUR TIME IN REPLYING US.
Answers (2)

Answer #1
873 votes
As per section 10 rule 3 of Hindu Succession Act, you and your mother would be entitled to that share of your grandfather's property to which your father would have been entitled to in succession.
However, assuming that the properties are self-acquired, the above said rule will apply only if the property is transferred by succession after the death of your grandfather but if you grandfather executes a will then he can transfer the property the way he wants to.
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Answer #2
570 votes
If the property is self acquired of your grand parents their gift deed is valid. On the other hand if it is ancestral one you can get your share as a pre deceased son's son as per the Hindu succession act.
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