Ancestral property

Your grandmother had 3 sons. And two sons out of 3 sons expired but what about the other son or his family?  Are there any daughters to grandma? First, obtain the legal heirship certificate of your grandmother and your father also.  Then proceed to file a partition suit in the court concerned by consulting a local advocate.

I am not a legal expert but have researched a lot about property cases as I went through the same dilemma as yours.
first of all the property will 100 percent fall in the category of self acquired,as it came from her father so it is not an ancestral property.
since it is self acquired property she has the right to sell/gift/will to anyone she likes and really u can't do anything about it.and even if u file partition suit ,ur grandmother lawyers will definitely argue that it is the self acquired property and for ur additional info an ancestral property is the one which is passed on undivided to the next 4 generations (u can search "legal"definition of ancestral property on net}

if u want to get the property the only way I think is to talk to her get the said property gifted in ur name if she is still alive

and if she has passed away and property is still in her name without giving it to anyone then u can definitely file suit as u are the son of his son.

It is definitely an ancestral property in which the surviving son & heirs of deceased sons all three have 1/3rd share each and you being one of the heir of deceased son can surely file a suit for partition. No need to obtain a legal heirship certificate.

Other younger son is alive and has a family. My grandmother was the only child for her parents.

Until your grandmother is alive you can do nothing, it is her property.If she makes a will or gift deed then it is her choice. After her death yo can seek partituion od property amongst all of her legal heirs.

During her lifetime she can deal with her property as she likes and if she dies intestate the law steps in for equal shares among co-sharers.

Yes, the property is personal to her grandmother and she can dispose of the same at her discretion during her lifetime. You are only a legal heir to the property left intestate.

is she alive or not please clarify

The property is self-acquired in the hands of your grand-mother, which can not be termed as ancestral for succeeding by her LRs.

Land laws are a State subject which differ from State to State.

It is better to consult and engage a local prudent lawyer for appreciation of facts / documents, professional advise and necessary proceedings.

 

Questioned property received by your grandma from her father is your grandma's self acquired property and during her lifetime you and your family members have no right to claim partition .Your grandma is absolute owner of property and she can transfer,sale,gift or bequeath the property as per her wish.