Grandson right in granfather's proprerty
Hiral
(Querist) 05 December 2015
This query is : Resolved
Hi my grandfather is died in 2001. He has a 2 son and 2 daughter.He is not doing any will of his property.My name is Hiral and I am grandson .My father is also died and Uncle is also died only one BUWA is alive.I am living in my grandfather house till this date.But recently my BUWA have a claim for this property.Can u guide me what is a right in my grandfather property.My buwa is living in canada and she claimed for this propery and she says you have not any right in this property.......
Kumar Doab
(Expert) 05 December 2015
The succession has opened in 2001, when the owner died. As per your post the owner has not left any valid WILL and has not disposed the property in his life time.
The sons ( your father and your uncle) have equal share.
Since your father has also died (probably without leaving a valid WILL or disposing his share in his lifetime) your father's share shall devolve upon his ClassI legal heirs. You are one of the ClassI legal heirs of your father.
Apparently the property has not been partitioned.
It is believed that all property is self earned/acquired by owner (your grandfather) and is neither ancestral/HUF.
Your Bua should have equal share along with your father and uncle and your grandmother.
Is your grandmother and your mother alive?
Does your uncle have left wife and children?
Rajendra K Goyal
(Expert) 06 December 2015
It is supposed that you are Hindu. In the property of your grandfather, if it was self acquired, his two sons and daughters have equal rights.
You have share in the property inherited by your father.
Hiral
(Querist) 08 December 2015
Thanx for the advice kumar and goyal sir...no my grand mother and mother are not alive but my aunt(my uncle wife) and his son is alive.
Hiral
(Querist) 08 December 2015
Sir my uncle is died but before he died he written that i have no right in my father propery .i have a proof of that actually this property is only name of my grandfather but all price is given by my father and my uncle know that so he avoid all right but recently my Aunt buwa and her son is claim for the this property.....and go for court.....if i have a proof of my uncle in his written as well as i give her part in my grandfather property
Hiral
(Querist) 08 December 2015
Pls adive as soon as possible
K.S.Srinivas
(Expert) 11 December 2015
Sections 8 to 13 of the Hindu Succession Act, 1956 lay down the general rules as to the order of succession when a Hindu male dies intestate. Section 8 lays down certain rules of succession of property of a Hindu male who dies intestate after the commencement of the Act. These rules are to be read along with the Schedule as well as other Sections pertaining to the same (Sections 9 to 13).
Go through them on the net.
T. Kalaiselvan, Advocate
(Expert) 13 December 2015
If your grandfather's property remained unpartitioned and intestate upon his death, the same automatically devolved on all his legal heirs (which includes legal heirs of predeceased legal heirs).
Therefore you and other legal heirs of your deceased father are entitled to your father's 1/4th share in the property.
