Grand son claims the property
Can a grand son and grand daughter claim grand fathers property, when the grand mother and the parent and uncle are alive
( Hyderabad, Telangana )
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Last Updated On 02-Mar-2026
A.
A.This is not a simple question to answer and the the reply depends upon the facts that to which community, caste and religion you belong too. In India the property matters are governed and regulated under different laws which some kind variations for state to state.
Then in case of Hindus whether you belong to Mitakshara or Dayabhaga school of thoughts.
It is suggested that you bring up all your backgrounds and then discuss wiht a lawyer to help you guide properly.
Posted On 02-Mar-2026
A.
Dear Client,
If the grandfather is alive, the grandson and granddaughter generally cannot claim his property during his lifetime, as he is free to deal with his property.
If the property is self-acquired, grandchildren have no automatic right while their parent (the grandfather’s child) is alive.
If the property is ancestral/HUF property, grandchildren may have a birthright, but typically their share flows through their parent. When the parent and grandmother are alive, the claim is usually through the parent’s share, not independently.
Each case depends on whether the property is self-acquired or ancestral. Please consult a local property lawyer with full details for proper advice.
If the grandfather is alive, the grandson and granddaughter generally cannot claim his property during his lifetime, as he is free to deal with his property.
If the property is self-acquired, grandchildren have no automatic right while their parent (the grandfather’s child) is alive.
If the property is ancestral/HUF property, grandchildren may have a birthright, but typically their share flows through their parent. When the parent and grandmother are alive, the claim is usually through the parent’s share, not independently.
Each case depends on whether the property is self-acquired or ancestral. Please consult a local property lawyer with full details for proper advice.
Posted On 02-Mar-2026
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