Claim of Grand Son over Grand Father's Property
Sowmya Badrinath
(Querist) 26 October 2010
This query is : Resolved
Dear Sir,
Please clear the following doubts..
1. Can a Grand Son claim right over the self acquired property of his Grand Father?
2. What is the stand of son in such matters?
Regards,
Sowmya
adv. rajeev ( rajoo )
(Expert) 26 October 2010
if the grand father is alive he cannot. If he is not alive grand son can seek his share in his father's share.
R.Ramachandran
(Expert) 26 October 2010
The following are the minimum information required before one can answer your query. (1) when did your grand father die?
(2) Who are all his children
(3) Whether the property was partitioned during his life time or inherited by his sons and daughters after the death of your grand father?
(4) Whether he is your paternal or maternal grand father?
(5) Whether your father and mother are alive now?
(6) Whether you have any brothers and sisters?
(7) Where is the property situated?
Vinaya More
(Expert) 27 October 2010
If grand father is alive, grand son have no right at all because it is self acquired property of the Grand Father.However, if Grand Father died with out any will or Gift Deed then also still that Garnd son do not have right overthe same, because when he died then his father has share in it and that property counted as separate proeprty of his father only. Hence the grand son do not have any right over self acquired property of his grand father.
Sowmya Badrinath
(Querist) 27 October 2010
Hello Ramachandran,
I am a criminal advocate.
I am asking these questions in general since I have come across such a case which is civil in nature.
With due respect, my Grand Father,Grand Mother, my father and mother are very much alive.
Anyways I am answering your questions taking the facts of that case:
1. Grand Father is alive in this case.
2. He has got 4 male children and only one daughter (all are married)
3. The second son has taken one immovable property and got released from the other properties which his Father own. (The person is abnormal and had signed the Release Deed when he was 18 years and 1 month old. Now he is of 36 years and his wife spent all these years without any knowledge of this and now wants to fight against the In-Laws).
4. Its Paternal.
5. Answered above.
6. Not necessary.
7. Bangalore.
Regards,
Sowmya.
R.Ramachandran
(Expert) 27 October 2010
Dear Sowmya,
Thanks for your info.
Since your grandfather is alive and the property is his self-acquired, as you are well aware, no one (whether it is son, grand son etc. etc.) can claim a share in it. The grand father being the absolute owner of the property can do whatever that he wants with it.
Sowmya Badrinath
(Querist) 29 October 2010
Dear Ramachandran,
Thanks for the advise.
You might not have read carefully the info given by me.
This is not about my Grand Father.
I am repeating. This is not about my Grand Father.
It is regarding a case which I have come across.
Anyways thanks.
Regards,
Sowmya.
