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Living with mother can I claim share in paternal grandfather property


31-Mar-2023 (In Property Law)

My great grandfather owned a big property in Karnataka. A part of it got partitioned for my grandfather and now he gifted some part of it to my father. My mom got divorced when I was 3. Since then I am living with my mom and had no contact with my dad. But now that property which is in my grandfathers name is about to be sold. I wanted to get a share out of it. Can I get any remedies. ? we are hindus. Even if I get a injunction to sell the property am I entitled to get a share out of it??

Answers (1)

Answer #1
577 votes
The great grandfather's property wa duly partitioned during that time itself and your grandfather acquired it by partition. Therefore the nature of ancestral property never existed on that property. It became your grandfather's absolute and own property out of which he gifted a portion to your father. This gifted property belonged to your father as his absolute and own property. Therefore in my opinion you do not have any right in your grandfather's property, so you decide whether to waste your time, money and energy on the issue which is not going yield any fruit to you.

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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