Grandson right on grandfather's property if father is alive

Sanjiv (Querist) 14 December 2011 This query is : Resolved
I want to know What is the right of Grandson on Grandfather's (Grandfather died 20 yrs ago and he self earned the property) property if Father is alive.
1. Can grandson mortgage the property without partition?
2. As I know (I may be wrong) that Law describe grandsons as a equal share holder in family property of Grandfather along with father if the grandson is adult.
3.Is it true?
Father is alive and in possession of whole property.
Grandsons are mature adults(between 35-40).
Please clear my doubts as I am a layman .
Please help as I want to keep my share about 1/3(2 grandsons and father) with bank as mortgage for Bank Loan due to urgent financial need for business.
Father doesn't want to co-operate in this matter.
If yes then what are legal steps to be followed without a partition suit to be filed?

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R.Ramachandran (Expert) 15 December 2011
Dear Sanjiv,
First and foremost one should know whether the property in the hands of your grand father is his self-earned properties or not.
If it is not his self-earned property how he got it, from whom he got it and when did he get it?
Only after knowing this, one will be in a position to answer your query.

Nadeem Qureshi (Expert) 15 December 2011
yes i agree with Ramchandaran

Guest (Expert) 15 December 2011
Dear Sanjeev,

Your question is without any background as how the property was acquitred by grandfather, and whether your father, who acquired the property from his father, is still alive or not.

kusum gupta (Expert) 16 December 2011
your father can not sell it without partitioning it in the first case. yes you also have a separate right in your grand father property
kusum gupta advocate
08826805283

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