Grandson right on grandfather property Grandson right on grandfather property

6 years ago

We belong to Sikh religion.My father lives in their grandfather house for 20 years they have proof.My father's grandfather treat my father as their son. My father's grandfather has 4 children ,three son and one daughter .One son has died .My father's grandfather does not make a will for anyone .And now if my father wants a share from their grandfather property...is my father has right to ask for share .My grandfather if does not want to give share to my father...is my father can take action from their father.? Can anyone help me out from this problem.Is grandson has rights on their grandfather property?

Deepak Yashwantrao Bade

Responded 5 years ago

A.dear client in your case the query raised by cannot be answered until and unless full particulars of the case are shared.
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Johnson Thangiah

Responded 6 years ago

A.Sir,
your question is not clear.
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Abhimanyu Kumar

Responded 6 years ago

A.Grandson's right is in ancestral property, you file a partition suit in the civil court. You can definitely get your share in the property.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 6 years ago

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A.Dear Sir,
The law of inheritance is as follows:
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Dear Sir,
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.
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