Can father deny a child property created by a grandfather?
falgun
(Querist) 25 March 2012
This query is : Resolved
Person A had bought shares of a certain company and held them in his possession while their value increased gradually. Upon his death, teh shares have been divided between his sons - Son1 and Son2. Son 1 has 4 children - Gson1, Gson2, Gdaughter1 and Gdaughter2. If Son1 wishes, can he deny Gson2 the shares and give them all to Gson1 and the 2 daughters? Son1 is keeping very ill and should legal proceedings be started now and his prospective will be brought to court's attention now? Or upon his death?
SAINATH DEVALLA
(Expert) 25 March 2012
Dear Querist,
No.He can't,as he has acquired from his father.All the grandchildren have an equal share over grandfather's property,whether movable or immovable.
Raj Kumar Makkad
(Expert) 25 March 2012
I think Devalla has not read the facts carefully.
The question of the querist is that whther son1 can give his shares in favour of his 2 children or not?
As per me, the shares purchased by father of the son1 (now deceased) after his demise have become personal properties of Son 1 and son 2 and are not ancestral properties so son1 and son2 are free to dispose off those share in favour of any person as per their choice and all grandchildren have got no inheritary rights therein.