Right in grandparents property
jaswinder kaur
(Querist) 02 March 2014
This query is : Resolved
My grandparents are ageing and the have property which wasn't partitioned and divided between my father and my uncle. my father died and my mother remarried. i do not have siblings. the property of my grandparents is ancestral and some is self earned by them. and i am a major. i have residential and identity proofs of my grandparents house. They are not giving me maintainence. Can i get my share if they are still alive?
T. Kalaiselvan, Advocate
(Expert) 02 March 2014
During the life time of your grandfather, no one can claim a right of share or seek partition in his self acquired properties, he can dispose it in the manner he desires so.However you have a right to claim share out of the share of your deceased father in the ancestral properties. You can very well issue a lawyer's notice or file a suit seeking partition and separate possession of your share in the ancestral properties. You cannot seek maintenance from your grandfather, more so you are a major by age. Talk to your grandfather in this regard an if he is not accepting, you may proceed legally against him, consult a local lawyer and proceed as per his advise.
Rajendra K Goyal
(Expert) 02 March 2014
You are major, why you want maintenance from your aged grandfather. You should try to earn. You have share in ancestral property but in self earned property you can not force your grand father for any share. Only your goodwill can force your grand father to give you a share in his self earned property.
Better you should wait till your grand father is alive and also try to make your goodwill in his eyes.
T. Kalaiselvan, Advocate
(Expert) 04 March 2014
Well advised by Mr. Rajendra K goyal, the author, during the life time of the grandfather may try by good behavior to be in the good books of the grandfather so that she may have some respite with regard to the property after her grandfather's departure to heavenly abode.
