Can Grand father property be claimed
5 years ago
My father has expired when i was age 8. From then my grandfather (father's dad) took care of me and i lived with him. My mother along with my younger sister and younger brother went back to my grandmothers(mother's mom) home and lived there. So now my grandfather (father's dad) side people have been discriminating me indirectly from my childhood becoz der was no one to support me. They indirectly dont allow my grandfather to treat me nicely. Recently i got married 5 years back and now my age is 26. My grandfather owned two flats. One flat was on name of his wife who has expired a year back another flat is still on builders name only. It is not registered on my grand father name. After marriage i lived seperately for 2-3years ,So once i wanted to accompany my grandfather and live with him along with my wife so that even i would get support from him. But my aunt(grandfather's daughter) is cruel and indirectly forced my uncle and he threatened grandfather and they made me not to come into home. My uncle my dad's brother directly told me to get out and he told i dont belong to their family. I was totally disheartened and helpless as my grandfather was silent fearing them. My aunt wants to occupy the house fully after my grandfather,stating as she is the only unmarried in the family. Her age is almost 35-38. She has an affair with an married guy and loots my grandfather money and enjoys with him. She now wants to do the same with the property. Now my only question is can i have any chances of legally claiming my grandfathers property cause my life would become miserable as im still not financially settled and also i have discontinued my job after 4 years of working and doing my mba now hoping of my grand father helping me in my financial problems. ? Please i beg every1 to help me in this fight against those cruel aunt and uncle.
Deepak Yashwantrao Bade
Responded 5 years ago
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.
NILANJAN CHATTERJEE
Responded 5 years ago
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