Regarding claim for share in grandfather's propertyq
GANESH
(Querist) 22 August 2012
This query is : Resolved
As per Hindu Succession Act.If by love marriage a Son/daughter gets married against the will of his/her family and leaves them.Whether he/she has any right to claim a share in his/her Father self earned property or Mothers share of her family property and the limitation period applicable for it.
Can the self earned property be given to one or more children by the deceased leaving the (Love marriage)son/daughter "0" property by will.?
Will it be possible to gain knowledge about the Will if any written and registered by the deceased Father (by the love marriage) son/daughter without the intereference of living Family members.Where and how could one obtain a copy of it.
Adv.R.P.Chugh
(Expert) 22 August 2012
Yes a love marriage does not deprive one of legal heirship, even a public notice in the newspaper disowning would not.
Good Luck !
Regards,
Adv. Bharat Chugh
prabhakar singh
(Expert) 22 August 2012
SORRY TO DISAGREE WITH CHUG WHO HASTED HIS ANSWER.
GENTLEMAN YOU DO NOT HAVE ANY CLAIM IN"Whether he/she has any right to claim a share in his/her Father self earned property or Mothers share of her family property"
THEY MAY OR MAY NOT GIVE YOU IS THEIR SWEET WILL.
HOWEVER YOUR CLAIM TO ANCESTRAL COPARCENARY SHALL REMAIN INTACT.
Adv Archana Deshmukh
(Expert) 22 August 2012
I agree with the reply of Prabhakar Singh ji, you have no share in the self acquired property of your parents during their lifetime. They can easily oust you from inheritance except from ancestral property. However, if the parents die intestate the son/daughter will inherit their self acquired property as class I heir.
ajay sethi
(Expert) 22 August 2012
yes agree with prabhakar singhji . parents can bequeath self acquired property to any one they so desire . you dont have any right on said property . only if they die intesate will you have any share
malipeddi jaggarao
(Expert) 23 August 2012
Father's self acquired property mother's share in her family property - both are self-acquired properties and no one has any legal right over these properties during their life time. Law of inheritance comes into picture only after their death. If they dispose the properties during their life time as per their wish, no one can challenge their decision.
