Grand daughter of grandfather in property law

Dear Sir,

The grandfather can give or sell his self-acquired property to anyone during his lifetime.

After his death, if he left a WILL, the property will go according to the will (even only to grandson).

If there is NO WILL, then the property is inherited by his Class-I heirs under the Hindu Succession Act.

Dear Client,
An individual gets the right to ancestral property by birth. Typically, ancestral property refers to property that has been inherited for four or more generations and has not been divided or sold off. Grandfather's property is ancestral property in the hands of the grandchildren. After the amendment of the Hindu Succession Act in 2005, daughters, regardless of their marital status, were given the right to claim their share both in ancestral property and self-acquired property (if left intestate) of their parents. Until and unless an undivided ancestral property is partitioned through a decree of partition passed by a Civil Court, a coparcener or legal heir cannot get his/her share in the said property and cannot transfer his/her share in the property without the consent of other legal heirs/ coparceners. In the given scenario, you can file a civil suit for a declaration under Section 34 of the Specific Relief Act, 1963, before the competent Civil Court seeking an order of injunction under Order 39, Rule 1 & 2 read with Section 151 of CPC, praying the Court to exercise its inherent power to do justice. The limitation period for filing a suit for a declaration of title is three years as per Article 58 of the Schedule to the Limitation Act, 1963. However, the Supreme Court in the case of N. Thajudeen v. Tamil Nadu Khadi & Village Industries Board held that a suit for a declaration of title to immovable property would not be barred so long as the right to such a property continues and subsists. When such a right continues to subsist, the relief for declaration would be a continuing right, and there would be no limitation for such a suit. The principle is that the suit for a declaration of a right cannot be held to be barred so long as the property right subsists. Being a coparcener and legal heir of the said undivided ancestral property, you can file a civil suit for partition in the civil court to obtain your share in the said ancestral property. Hence, it is recommended to consult with an experienced property Lawyer for tailored advice and steps to understand your rights and remedies in the given situation to navigate the matter effectively.