Can we claim grand father's property after mother death
5 months ago
My grand father died in 1997. My grand mother died in 2006. My mother died in 2022. My uncle died in 2020. My uncle's wife wants to gain control on my grandfather land and can I get share of it
A.Dear Client,
As per the Hindu Succession Act of 1956, grandchildren have the right to inherit the property of their grandparents. If the grandfather or grandmother had died intestate (without making a will), their property is inherited by their legal heirs. In case their son or daughter (the grandchild's parent) had died before them, the grandchildren have an equal share of the property as their aunts or uncles. The rights of grandchildren to inherit the property of their grandparents were further strengthened by the amendment to the Hindu Succession Act in 2005. The amendment included daughters as coparceners, giving them equal rights in ancestral property as their brothers. This means that if the property is inherited by the daughter, her children (the grandchildren) have the right to inherit the property. So, you being grandchildren and legal heirs/coparcener are entitled to an equal share in the property of your grandfather and to obtain your share in the property, you need to file a partition suit before the Civil Court for an order of partition. It is advisable to consult a legal expert for guidance and steps to exercise your right of inheritance.
As per the Hindu Succession Act of 1956, grandchildren have the right to inherit the property of their grandparents. If the grandfather or grandmother had died intestate (without making a will), their property is inherited by their legal heirs. In case their son or daughter (the grandchild's parent) had died before them, the grandchildren have an equal share of the property as their aunts or uncles. The rights of grandchildren to inherit the property of their grandparents were further strengthened by the amendment to the Hindu Succession Act in 2005. The amendment included daughters as coparceners, giving them equal rights in ancestral property as their brothers. This means that if the property is inherited by the daughter, her children (the grandchildren) have the right to inherit the property. So, you being grandchildren and legal heirs/coparcener are entitled to an equal share in the property of your grandfather and to obtain your share in the property, you need to file a partition suit before the Civil Court for an order of partition. It is advisable to consult a legal expert for guidance and steps to exercise your right of inheritance.
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A.Dear Client Property laws to some extent vary from state to state and from religion to religion. On a general basis I can say that you should go for partition of the property in a legal way to claim your rights in the said ancestral property.
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