What rights do grandchildren have in a property

I am Hindu by religion and live in Mumbai. I stay with my parents, elder brother and his wife. This property was owned by my grandfather and was transferred to my father upon his death. Grandfather had prepared a will too but that was not registered I suppose. My brother and his wife harass my parents a lot mentally and also demand a share in the property. I wanted to know whether grandchildren (me and my brother) own a share in this property by default? Can my father deny a share in this property according to his will? Also, needed advice on how to remove my elder brother from home legally as he denies leaving the house.

Answers (1)

68 votes

If will contains any provision to bequeath the property to any one, it will prevail. Registration of will is not must. It is a valid will.
If will is not acted upon than ur father alone has inherited the property and hence u and ur brother cannot claim any share in it during lifetime of father.
Father may make disposition of this property by will in favour of any person of his choice or by excluding one or both sons.
To prevent his son from harassing him, father may file a suit for prohibitory injunction to restrain him from entering or using his property and if need arise may seek s declaration that it being his property, son have no right to use or enter upon.

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