Do grandson have rights in self earn grandfathers property
sujit
(Querist) 07 September 2011
This query is : Resolved
My grandfathher has a property by his own earnig ,my father do not want any share in his property so as a grand son can I ask right in my grand fathers property.
M/s. Y-not legal services
(Expert) 07 September 2011
Your query need some more details, 1. Whether your grandpa is still alive? 2. If he is no more mean, any will still in force?
Saket Agarwal
(Expert) 07 September 2011
yes, you can ask for your share in the property.
Advocate M.Bhadra
(Expert) 07 September 2011
If your grand father is still alive you can not claim,otherwise you have right over the ancestral property.
R.Ramachandran
(Expert) 07 September 2011
You say that the property is your grand father's self earned property.
In that case even your father cannot ask for any share. Therefore the question of your asking any share in the said property simply does not arise. Your grand father can do anything that he wants with his self-earned property. To tell you frankly, he can even give it to some strangers (without giving anything to any of his children and grand children) or to Mandir, still none of you can question his actions or demand any share whatsoever from the said property.
Shastri J.K.
(Expert) 07 September 2011
I agree with mr.Saket Agarwal
prabhakar singh
(Expert) 07 September 2011
A person who has made property from his own earning is not obliged to give it to his son or grandson nor does his son or grand son can claim any right there in,and in my view Mr.Ramachandran has stated the correct position of law which no body can dispute.
sujit
(Querist) 07 September 2011
* If my grndfather died without any will in that case can I ask for the same.
** If as per my grandfather's will if my father got share in his father's property ,but if he donot want it so can I claim it .
prabhakar singh
(Expert) 07 September 2011
If a HINDU grand father who owns any self earned property dies living the property without his WILL then such property shall be inherited in accordance with law laid down in section 8 read with heirs mentioned in class I of the schedule I who are:...
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son, daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
Hence if at the date of his death your grand father has left only your father then
he will get the whole property.you as grand son can not ask if your father is alive.
IF your grand father made a will in favor of your father and your father does not want to claim but want to surrender his rights making you absolute owner just in his life time then it can be done only by a registered Gift Deed executed by your father and accepted by you,no other alternate would be there.
you could have claimed it only when your grand father left any WILL in your favor excluding your father.
Raj Kumar Makkad
(Expert) 07 September 2011
If your arranpa dies without arranging the property during his life time then his properties left shall devolve n favour of his all legal heirs including your father but you shall not have any claim therein during the life time of your father.
In case, you grandpa dies making a will then the consequences shall follow accordingly.
In nutshell, you have no legal claim over the properties left by your grandpa during the life time of your father or any arrangement made by him in you favour during his life time in either situation.
