Father and Grand Father's Property
5 years ago
Dear Sir, I am fom M.P , my father died when i was 4yrs old and I have a sister who is married and mother . My father had left a plot on which later house was built by my mother. the house in her name. I want to know that what is my right on the property. My mother is a money minded person so I want to know legal procedure also. Also there is some grandfather's property and they have also died , no one is answering property related questions so I want to know my right on this property also and what legal action I can take to claim it. I am the only son and none of the properties are in my name , so I want to know my right and legal process to claim it.
PURSHOTTAM LILARAM KHANCHANDANI
Responded 5 years ago
A.Ancestral Property. All legal heirs have equal shares. Approach Court for the remedy.
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NILANJAN CHATTERJEE
Responded 5 years ago
A.You have got equal share along with your mother and sister in the property.
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A.Dear Sir,
You mother has full rights in respect of property standing in her name as it was not ancestral property. If she died without Will then you will get rights over it. Similarly the property left by your grand father firstly goes to your father and his brothers. If your father dies without a Will then his share comes to you. The following will clarify you.
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Dear Sir,
What does the grandparent's property law in India state? Does the grandson own the right to the property?
All property's owned by a Hindu person devolves onto his class one legal heir's.
Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir)
Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally.
Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.
Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.
Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.
To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner.
Hope this brings some clarity to your question and your sense of entitlements.
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HINDU WOMENS PROPERTY…. HOW IT DEVOLVELS
A hindu woman holds the property as an absolute owner and now she can dispose off the property as her own property. The concept of ancestral property does not apply to a property held by a hindu woman. Your maternal grandmother (naani) can will the property to anyone. However, if she dies intestate (without a will) then the property will devolve as per the rules of succession in Hindu Succession Act, specifically, section 15. In that case, the property goes to the legal heirs of the woman on her father’s side if she received the property from her father’s side and to her husband’s side if she received the property from her husband side.
You mother has full rights in respect of property standing in her name as it was not ancestral property. If she died without Will then you will get rights over it. Similarly the property left by your grand father firstly goes to your father and his brothers. If your father dies without a Will then his share comes to you. The following will clarify you.
===========================================================================================================
Dear Sir,
What does the grandparent's property law in India state? Does the grandson own the right to the property?
All property's owned by a Hindu person devolves onto his class one legal heir's.
Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir)
Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally.
Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.
Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.
Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.
To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner.
Hope this brings some clarity to your question and your sense of entitlements.
=====================================================
HINDU WOMENS PROPERTY…. HOW IT DEVOLVELS
A hindu woman holds the property as an absolute owner and now she can dispose off the property as her own property. The concept of ancestral property does not apply to a property held by a hindu woman. Your maternal grandmother (naani) can will the property to anyone. However, if she dies intestate (without a will) then the property will devolve as per the rules of succession in Hindu Succession Act, specifically, section 15. In that case, the property goes to the legal heirs of the woman on her father’s side if she received the property from her father’s side and to her husband’s side if she received the property from her husband side.
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A.Your grandfather has left his property which is ancestral and all legal heir are having equal share in the property. As regards plot which was in the name of your father and later on it was get changed in the name of your mother even though you have equal with with all legal heirs.
Prithvi Raj Sikka
LAW Juris
Delhi
Prithvi Raj Sikka
LAW Juris
Delhi
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