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Bala Krishna Reddy
in Family Law
Asked August 04, 2017

Share of grandson's in grandfather's property

  • 1 Answer

Is the grandson can ask the share of grandfather property which got transferred to father who is the legal hirer,if father is alive.

Answer 1

Depends on the nature of the property. If the property is an ancestral property then your grandfather, father, you and your siblings are all co-owners as coparcenars of the property as soon as you were born. In such a situation, being a co-owner you could carve out your share and seek a a partition. In such a case, you would be entitled to a share in the property even when your grandfather was alive. Considering, your father got the property after your grandfather's death, it indicates it is not an ancestral property. Your statement indicates that your father is the sole owner of the property indicating that it is still not an ancestral property and becomes a self-acquired property for your father. A property becomes an ancestral property when it passes down four generation undivided. Therefore, your property does not qualify to be an ancestral propoerty, even then you should confirm it.

You will have no claim on this property till your father dies and your father has the freedom to do anything with his property by selling it or by executing a will. Only if he exceutes the will in your favor or dies without making a will, will the property come to you and even then it will be equally shared between you and your siblings. 

Agree Comment 0 Agrees over 3 years ago

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