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Right of grandchildren in grandfather's property
16-Dec-2023 (In Property Law)
Hi Sir/MadamI have read many posts from this forum and got to understand that none of the grandchildren have right on grandfather's property if it is self acquired by the him (grandfather) and also it has been partitioned by his immediate children within themselves. But when I asked this to one of the lawyer in my place, he challenged that this is not true. All the grandchildren's are having right on their grandfather's property even it is self acquired by thier granfather and also irrespective of it is partitioned of not. Kindly clarifyRegards,nShagul
Hi,
Could you clearly explain your query? so that it will be easy to guide you precisely.
Each and Every query which are posted here are not in detail always, but if you meet an advocate in person he might have a chance to interact and understand the situation clearly, so the lawyer in your locality might have expressed that your question was wrongly answered here. However, I didn't deny his word now. I am just asking you to explain your query with all the detailing so that the panel advocates here might guide you properly.
And every query has its own unique situation and the reply for those query might vary, so don't come to a conclusion by reading other queries posted in the Internet.
As you have mentioned that your property has been partitioned, and this expressly shows that, may be your parent would have accepted that partition or they haven't challenged this partition earlier. And there are limitations in respect of time, so maybe in your case the time limit to challenge might have expired.
If you share the details precisely, it would be easy to guide you further.
In general, if a person dies intestate(Without writing any Will), then all his legal heirs would inherit the properties (Self-acquired & ancestral).
Class 1 legal heirs of a deceased person are;
1. Living Spouse, 2. Children, 3. Mother of the deceased person.
So, if a person dies leaving behind his properties, then those properties has to be partitioned equally, but some legal heir might relinquish their share to their siblings or children(Spouse/Mother of the deceased person). This relinquishment can be done either with/without consideration, sometimes the legal heirs would relinquish the property because if it was hard to partition it.
So, there are several possibilities which are unique in every case, so if you want some precise answer for your situation, then you must share the whole details with an advocate either online/ meet someone in your locality.
For anymore clarifications, you can contact me
Advocate Ragul Sivanand
Nagercoil.
Could you clearly explain your query? so that it will be easy to guide you precisely.
Each and Every query which are posted here are not in detail always, but if you meet an advocate in person he might have a chance to interact and understand the situation clearly, so the lawyer in your locality might have expressed that your question was wrongly answered here. However, I didn't deny his word now. I am just asking you to explain your query with all the detailing so that the panel advocates here might guide you properly.
And every query has its own unique situation and the reply for those query might vary, so don't come to a conclusion by reading other queries posted in the Internet.
As you have mentioned that your property has been partitioned, and this expressly shows that, may be your parent would have accepted that partition or they haven't challenged this partition earlier. And there are limitations in respect of time, so maybe in your case the time limit to challenge might have expired.
If you share the details precisely, it would be easy to guide you further.
In general, if a person dies intestate(Without writing any Will), then all his legal heirs would inherit the properties (Self-acquired & ancestral).
Class 1 legal heirs of a deceased person are;
1. Living Spouse, 2. Children, 3. Mother of the deceased person.
So, if a person dies leaving behind his properties, then those properties has to be partitioned equally, but some legal heir might relinquish their share to their siblings or children(Spouse/Mother of the deceased person). This relinquishment can be done either with/without consideration, sometimes the legal heirs would relinquish the property because if it was hard to partition it.
So, there are several possibilities which are unique in every case, so if you want some precise answer for your situation, then you must share the whole details with an advocate either online/ meet someone in your locality.
For anymore clarifications, you can contact me
Advocate Ragul Sivanand
Nagercoil.
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Adv. Ragul Sivanand
Nagercoil | 200+ Answers
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What is the procedure to divide ancestral property?
The right to ancestral property is not determined by capita but rather per stripe. The share of each successive generation is then divided. Each generation inherits its predecessor. 18-Jul-2022
Can ancestral property be divided unequally?
If a father is planning on dividing property, he should be aware that he cant divide the ancestral in an unequal manner and do what he pleases. 25-Apr-2023
Can my father sell my grandfather's property without my consent?
The Hindu Undivided Family Head (HUF) is able to control and manage all assets of the family. If the property is to be sold, all stakeholders must agree and sign the relevant documents. The property cannot be transferred if a family member disagrees. 26-Sept-2023
Who has rights on grandfather property?
The rights of the grandson and father are the same in the case of ancestral properties. The grandsons right is to receive a share of his grandfathers estate. The child will only inherit the property that the father has acquired himself after his death.
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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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