90,000+ Legal Questions Answered
Property issue
8 months ago
My father sold my grandfather's property and bought another property in my mother's name, do the children have any right to the property?
A.Dear Client,
As per Hindu law of inheritance, children got the right to the property of their parents by birth. Your father sold out the inherited property of your grandfather and bought a property in the name of your mother who can dispose of that property either by a Will or by gift to her children who are the sole legal heirs and classified as Class-1 heirs under the Hindu Succession Act, 1956. Post your mother's demise, and in case she has not executed any testamentary document(WILL), the property would be divided equally among Class I heirs. As per the amendment of the Act in 2005, Class I heirs of a female dying intestate would be her husband and children. Thus, upon her demise, the property would be divided between her children and husband (if alive) equally.
As per Hindu law of inheritance, children got the right to the property of their parents by birth. Your father sold out the inherited property of your grandfather and bought a property in the name of your mother who can dispose of that property either by a Will or by gift to her children who are the sole legal heirs and classified as Class-1 heirs under the Hindu Succession Act, 1956. Post your mother's demise, and in case she has not executed any testamentary document(WILL), the property would be divided equally among Class I heirs. As per the amendment of the Act in 2005, Class I heirs of a female dying intestate would be her husband and children. Thus, upon her demise, the property would be divided between her children and husband (if alive) equally.
Helpful
Helpful
Share
Read Related Answers
ANCESTRAL PROPERTY LEGAL HEIRS NOT COMING FORWARD FOR PARTITION
Dear Client,
As regards your query no.1) My father's brother wife has a done a gift in name of her only daughter. Is it valid? Ans:- No it is not valid. Until and unless an undivided ancestral propert...
Shop evacuate
Dear Sir,
You can file a suit for permanent injunction and restrain them from forcing you to close your shop if you have taken relevant licenses to run the shop from the local authority that is munici...
Decree by court i r o Specific PERFORMANCE of contract agreement
Dear Sir,
It is a disputed issue which has to be decided again by the Civil Court and you must seek cancellation of such judgment since you are in possession of regular Sale Deed before judgment was p...
Property and Home loan
Dear Sir,
It is a complicated issue. Now a days you cannot believe even the family members. If you go legally it will take years together. If there is possibility take possession of some part of the h...
Remove co owner from FLAT BBA if he is not giving his consent
Dear Sir,
You have to get issue a legal notice to remove co-owners name as it was only for name sake as there was no contribution from him. If builder did not do that then you have to approach Civil C...
Read Blogs on Property
Property Lawyers
Find Lawyers by Location
