Do a grandson have any right on his grandfathers (india)?
dharamvir
(Querist) 30 April 2013
This query is : Resolved
My father has a self earned property and my elder brother is not ready to provide any aid to my father so my father wants to make legal case on him to take some aid. But my elder brother not ready for all that and also he says if he can not claim for partition than he can file case on behalf of his 12 year old son. Sir is it possible he can fight with his 12 year old son against my father to divide his property.
regards
DS
prabhakar singh
(Expert) 30 April 2013
No!is the answer.
Your father is absolute owner of his self acquired properties in which neither his wife or sons or daughters or grandsons or granddaughters have any right or interest to claim against him .
In his life time your father can make inter vivos transfers of his properties by sale, gift, exchange,lease, mortgage etc.or can lay down his own succession after him by a WILL.
But if your father dies intestate leaving these properties then your brother's son can claim his 1/4th share from his father who would get 1/2 from his father as 1/2 would go to you.
dharamvir
(Querist) 03 May 2013
Dear Sir,
Thank you very much for your advice.
Regards
DS
