Property
2 years ago
My grandmother sold her land without permission of son and grandson. Is there any possibility to claim the property. The property is an ancestor property
Ayantika Mondal @ Prime Legal
Responded 2 years ago
In most cases, if the property is in your grandmother's name, the approval of your son and grandson is not required. However, you can claim the property by claiming that your grandmother's state was not appropriate at the time of the sale deed, indicating her mental sickness or ailment owing to old age.
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If the property was in the name of your grandmother, then the permission of the son and grandson is not essential in normal circumstances. However, to claim the property you can say that the condition of your grandmother was not proper while making the sale deed, representing her mental illness or ailment due to old age.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Dear Sir,
If it is really ancestral property then you can file a suit for partition and claim your share.
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.
Meaning of ancestral property in India-An ancestral property means a property which is devolved upon heirs by the 3 generations above them; father, father's fatheror father's fathers' father. ... That means when a coparcener acquires his share in ancestral property than he can make a will to that share and bequest it.
Meaning of ancestral property in India-An ancestral property means a property which is devolved upon heirs by the 3 generations above them; father, father’s father or father’s fathers’ father. It passes to the next three generations.
Meaning of will-A will means a document in which a person specifies the method to be applied in management and distribution of properties after his death.
The basic principle involved is that the property should be four generations old. The right to use and acquire property is accrued by persons through birth itself. The division of property is per stripes i.e. that share of one generation is calculated first than the share of successive generations is subdivided according to share of their predecessor. These basic elements are for governing majorly the Hindus.
If A inherits property, whether movable or immovable, from his father or father’s father, or father’s father’s father, it is ancestral property as regards his male issue. If A has no son, son’s son, or son’s son’s son in existence at the time when he inherits the property, he holds the property as absolute owner thereof, and he can deal with it as he pleases . A person inheriting property from his three immediate paternal ancestors holds it, and must hold it, in coparcenary with his sons, sons’ sons and sons’ sons’ sons but as regards other relations he holds it and is entitled to hold it, as his absolute property.”[1]
Now answer to the question is that that will to ancestral property is not entirelyillegal. That means when a coparcener acquires his share in ancestral property than he can make a will to that share and bequest it. However will shall be executed after the death of the testator and if the coparcener before acquiring a share makes a will than that will be illegal. Share in ancestral property will be inherited by coparceners. So he can make a will to his share in ancestral property.As whatever he acquires is his share now and he can dispose his assets according to his wishes.
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