kala kali 10 July 2021

Am i eligible to get share in my grandfather property ??

I will try to keep my question short.

) My grandfather had a Land say 4 plot . (from where or whom he get this property , I don't know.)

2 )Now he give equal land to his 4 children , 1 plot each . My father and 3 brother.

3) My father had 2 son ., me and my brother. Now all land is being used by my Brother and my father for business purpose . I am in job.

4) We still live in joint family in single home . but the attitude of my father toward me is not good ,my parent favor my brother family a lot.

5) I got the vibes that he is planning to give all this 1 plot to my Brother .

Can he do that ?? if he denies giving me any property then Am I eligible to get that property or not ?

What are my options in such case.??

I am really not getting clearly this succession act ..in this case whether this property is undivided or not. or inherited by 4 generation etc .

one additional info i know. around 2 year back a piece of land is sold by my one of uncle . Which require all 4 brother to sign the deed. and money all get equal money in there account . Later rest 3 transfer them to my uncle whose land is sold after some tax deduction.

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2 Replies

Kevin Moses Paul 13 July 2021

According to the Hindu Succession Act 1956 let me tell you that there are two types of property. These are
(a) Self-Acquired Property and (b) Inherited Property.

Now, the Act states, that a person can make a Will of his/her share of property only if the said property is his/her Self-Acquired. This means, if the property has been acquired through own investment and purchasing, then a Will can be produced for the property such that it can be clarified who will be inheriting the property after the death of the owner (or as per any specific limitation stated by the owner in his/her Will).

However, the case is totally different when we talk about Inherited Property. An inherited property is the one which has been passed over from father to his legal heirs. In an inherited property, the owners property is acquired by his/her legal heirs after the death of the owner and same keeps on continuing. However, no one inheriting the property has a right to produce a Will for his/her share of the inherited property.

Therefore, in your case the property you're talking about was handed over to your father by your grandfather, thus it is not your father's Self-Acquired property as he has received it from his father. Thus, as per the law your father cannot produce a Will regarding distribution of the property. Thus, you're rights are reserved.

However, the property was to be distributed in an equal manner but things didn't worked that way in your case. You can file a petition for the same in a civil court since, the property in question is you're ancestral property and thereby, no one can deprive you from you're part or share in the same.

Hope it helped you understanding the concept!

Regards
Kevin M. Paul