Grandfathers property with will being claimed by grandson
mani kumar
(Querist) 15 February 2014
This query is : Resolved
My grandfather 30 yrs back written will to share one building possessed own to his 5 sons. One of the grandson is claiming his share in property and filed civil suit praying injunction order to stop sale of property. Grandfather expired 28 yrs back. Whether suit is valid. Further grandson is claiming share in his younger brothers housing loan property where housing loan is running in his younger brothers name and repayment made through his salary. Whether the both points are valid?
Advocate M.Bhadra
(Expert) 15 February 2014
If the property of the grand father was his self acquired property then this property shall devolve to all his legal heir if he died intestate i.e. no testamentary document such as 'will' exist with regard to the property made by him during his life time. The grandson is not legal heir if his father is alive in such case, in case the father of the grandson died before the death of grand father then the grandson being son of the predeceased son get the share in the property which his father would have got, sharing that share along with his mother i.e. widow of his father.
WILL means the legal declaration of the intention of a person with respect to his property, which he desires to take effect after his death. -is an untitled document which state after the death of a person making the deposition.It can be revoked , modify or substituted by the person executing the Will at any point of time during his/her life time.
On the death of the testator, an executor of the Will or an heir of the deceased testator can apply for probate. The court will ask the other heirs of the deceased if they have any objections to the Will. Thereafter, if no objection is received, the probate will be granted. It is only after this that the Will comes into effect.
T. Kalaiselvan, Advocate
(Expert) 15 February 2014
I understand from your query that your grandfather bequeathed his property (presumably self acquired)equally in favor of his sons by executing a Will in their favor and upon his subsequent death the same was divided among the sharers and the sharers are in possession and enjoyment of their respective shares of the property (?). If yes, then the grandson who claims a share is not entitled to any share in the property inherited as a share by his father during his life time and it is invalid by law.
The same answer to the second part of your question too. He cannot claim any share in his brother's property too.
Rajendra K Goyal
(Expert) 16 February 2014
The grandfather's self acquired property was distributed among sons as per will. The grandson has no claim on it till his father is alive.
Similarly he has no claim on the property of his brother.
R.K Nanda
(Expert) 16 February 2014
agree with experts.
prabhakar singh
(Expert) 16 February 2014
If it was grandfathers self acquired property(and not inherited from his father)then he had exclusive right to dispose as per his own wish in any manner
and his will in favor of his sons is valid.
The grand son's claim over the same is baseless.
The grand sons' claim over his brothers'loaned property proves bankruptcy of his mind as well as that of his consultants.
ajay sethi
(Expert) 16 February 2014
agree with experts
Devajyoti Barman
(Expert) 16 February 2014
Sorry , grandsons can not claim any share in it.
Advocate. Arunagiri
(Expert) 16 February 2014
I slightly differ with Mr.Goyal.
Mr.Goyal had said that the grand son has no claim on it till his father is alive.
I am of the opinion that the son is having the right to claim, even when his father is alive.
When the grand father's property is distributed among the sons, and when the grand children are born, then they have the birth right.
But, if the father had sold the property even before the birth of the grand-son, the grand-son can not challenge it.
T. Kalaiselvan, Advocate
(Expert) 17 February 2014
I respectfully disagree with expert Mr. Arunagiri on his opinion that the grandson acquires right to grandfather's self acquired property by birth. It will be so only in the ancestral property. In the case posted by the author here, it was a self acquired property of the grandfather which was duly bequeathed among his sons by a Will, thereby on inheritance, all the children of grandfather acquired full rights over the property and its disposal as per their desire during their life time. Therefore, once there is no entitlement in the property, the stay application filed by the grand son in respect of sale of the property by one of the share holders will not be maintainable.
