Can grandchild inherit cousin grandfather Property ?
2 years ago
Can grandchild inherit cousin grandfather Property ? Whether his own grandfather have 5 son .and cousin grandfather had 1 son .State all cousin get equal distibution of property which was divided into two brothers ?
Ayantika Mondal @ Prime Legal
Responded 2 years ago
In case of a classified ancestral property that has remained undivided, four generations of the male lineage have their claim. Under the Hindu succession law, the term coparcener is used to denote a person, who assumes a legal right in his ancestral property, by birth in a Hindu Undivided Family (HUF).
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Property inherited by a Hindu from his father, father's father or father's fathers' father, is ancestral property. Any property acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter.
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A.It all depends on lot of factors like what kind of joint family is it what kind of joint property is it. The HUF and joint property and inheritance is regulated by the logic of coparcenery.
The Mitakshara school classifies property under two heads: first apratibandha daya or unobstructed property and spratibandha daya or obstructed heritage. All properties inherited by a Hindu male from direct male ancestor, not exceeding three degrees higher to him is called apratibandha daya. In this property his son, son's son and son's son's son acquire a interest by birth. Therefore, it is called an unobstructed heritage. Thus properties inherited by a Hindu male from his father, father's father and father's father's father are called unobstructed heritage.
On the other hand , when a person inherits property from any other relation, such as maternal or paternal uncle or brother or nephew etc. then it known as sapratibandha daya and his son,or son's son or son's son's son or for that matter any other person does not acquire an interest by birth.
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