Manish Kumar
Asked September 29, 2016

Rights in Grandfather's property

  • 2 Answers
  • 756 Views

My Grand father got property from his mother-in-law, as she had no son except my grand mother. My Grandfather has 3 son's. Among them my father is elder one. since last 15 years we live separate as there is no understanding between brothers and their wives. Now my Grandfather is of 95 years. My father never raise any demand for his share ( i don't know why). Two my uncle and their children live a luxury life. Now i want my father's and my share. Obviously my Grandfather now has two kind of property. one which is earn by himself. And another which he got from his mother-in-law. Now kindly guide me on which property can i claim and on which my father can claim. Grandfather property is still undivided ( i assume that there is no will by my grandfather. ). Moreover if my grandfather has already made some will that my father has no right in his property, then can i claim on it.

Answers 2

Default avatar
Srija Choudhury
For the purpose of this answer, let us assume that you are a member of Hindu undivided family and hence this issue will be governed under Hindu Succession Act, 1956. Your grandfather may have inherited the said property by the way of will. If the said property has joint family interest then the coparcener can bequeath only by the way of will, there is no room to do so by the way of gift. In case of self acquired property, it can always be bequeathed by the way of will. Coming down to your father’s generation, in case your grandfather dies interstate (without a will) then the property, both ancestral and self acquired with be equally divided amongst your father and two uncles (Section 8). In case his has made a will, the property will devolve as per his wishes. As per section 30 of the Hindu succession Act, 1956, your grandfather can also dispose his interest of ancestral property by the way of will. So, in case your grandfather dies without a will, your father will get one third share from his self acquired property and interest of ancestral property. In case he has made a will, where he has not mentioned you or your father then you can challenge such will in the probate court based on reasonable grounds only.
Agree Comment 0 Agrees almost 4 years ago

Simply You can file Partition Suit under Civil Law in Civil Court against your Grandfather.

Agree Comment 0 Agrees almost 4 years ago

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