News That Matters

Can grandson claim right in grandfather’s property

A grandson’s right over his grandfather’s property depends on the nature of the property. i.e. is the property an ancestral property or it is a self acquired property.

What is an ancestral property?
A property which is inherited by a father from his father, father’s father or father’s father’s father’s father is ancestral property. The right to share in such property is acquired by birth, unlike other forms of inheritance, where the heir right opens only on the death of the owner.

The right in ancestral property is determined on a per land basis, not per person. Therefore, the share of each generation is determined first and in turn the next generation of the subdivision which is inherited by their predecessors.

If the property is an ancestral property, the grandchildren have an equal share. He can file a civil case for declaration and partition along with a petition for interim relief. The rights protected in law cannot be denied.

What is the right of the grandson over the self acquired property of the grandfather?
A grandson has no birthright over his grandparent’s self-acquired property. If that property has been allotted to his father as legal heir at the time of partition of the family and not as an heir under the Hindu Succession Act 1956. The grandfather can transfer this property to whomever he wants.

If the grandfather dies without leaving a will, then only his immediate legal heirs i.e. his wife, son and daughter(s) will have the right to inherit the property left behind.

As such the properties inherited by the wife, sons and daughters of the deceased shall be treated as their personal property, and no one else shall be entitled to claim any share in that property.

If any of the grandparent’s son or daughter has died before the death, the legal heir of his son or daughter will get the share that was to be inherited by the son or daughter earlier.

Grandfather’s grandson will be entitled to get his ancestral father’s share only, if the grandson’s father is alive then he is not entitled to any share.
Why is a lawyer needed in a case related to getting grandfather’s property?
Most of the cases in the courts of India are related to property, in which most of the cases are related to ancestral property. Generally, people have to face many kinds of difficulties in getting ancestral property, but if this work is done with the help of a lawyer, it can be quite easy, because only a property lawyer is the instrument. Through which any small or big legal work like any type of property related matters can be done very easily, and only a lawyer can get the property related matters settled properly in less time and less cost. could. But for this it is very important to keep in mind that the lawyer whom we are planning to appoint to settle the matter related to our property should be an expert lawyer in his field, and he is already associated with the property. Has dealt with cases, and is proficient in handling such cases, which can increase your chances of winning the case.

Leave a Reply

Your email address will not be published.