What share can grandson claim in ancestral property?


I was born in 1993. My grandfather had 3 son and two daughter. My father is the second son of my grandfather. My grandfather purchased some property in mehroli and later on in 1998 he sold it to my aunt(taujis wife) and died in 2000. At that time I used to be 5yrs old.ie.minor. At the time of such sale,no noc was taken from me or my guardians. And in 2015-16 we came to know that my aunt has further sold this property to someone else. I just want to know whether we can file a suit against them and get them arrested or be compensated for the loss of share and moreover is there any provision or law available to file request for division of family property amongst grandsons and son in court of law as after the death of my grandfather all the family affairs are managed by my grandmother and she lives with my uncle and aunty. They will never let her to give some share to us and moreover she herself is not interested in doing something in our favour.

Answers (3)


239 votes

That was your grandfather's self acquired property n it's hard to get share from that property. Your share depends on the nature of property I.e. ancestral or self acquired. In your case property was self acquired by your grandfather.


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330 votes

Hello,
The property purchased by your grand father was his personal property , and as per the laws there is no impediment in dealing with ones property in which ever legal manner he/she likes . So your grandfather having sold the property to your aunt was an absolutely warranted act and cannot be challenged.
Sons/daughters cannot make claims on father's property till the time the father is alive , and if he dies intestate only then will the property devolve upon the successive legal heirs as per Hindu Succession Act. If the father has left any Will behind then the property shall be divided as per the provisions of the Will.
Yes , the legal provisions are very much there for seeking partition of ancestral property but that too are subject to many conditions. For further details you may contact me.

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55 votes

You have no right in the property of your grandfather and he had the discretion to deal with it in whatever way he wanted. But if there was any HUF existing at that time than you may claim share in the said property.

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