Propery

@ Author

I suppose you mentioned @ TJI hence trying to reply to your query;

1. 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.


2. 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.


3. The grandson could gave got his share in the property if that was Hindu Ancestral Property, i.e. originally owned by the great grand father, passed to the grand father down the line up to the present grandson who would be the fourth generation to enjoy this property, in this case in this Hindu undivided family property a share could be claimed by the present grandson being a Coparcener by birth in the Hindu Joint family.


I AM OFFERING MYSELF FOR CORRETION IF ANY.

Dear TIJ sir, one of my cousin sisters has a unik problem regarding property

She had arranged marriage.She is living in a joint family where parents in law and her husband are living.Her mother in law is the owner of the plot of land on which they are living.Another plot of land her FIL bought and registerad in the name of his wife ie cousins MIL.Now FIL is no more.Is that combined plot of land ancestral and will get divided by laws of hindu joint family as u mentioned in the 3rd point of yr above post?

or the MIL can will it.My sis is very much worried because if they loose the property they will loose the roof above the head.Her sister in law and MIL constantly abusing and threatning her to go out from there.My bro in law is a very drunkard person and does not care about his wife and only daughter.he is a gazetted officer of the  State Govt and dont give money for household expenses.What she should do??

Please suggest.

@ Gaury

Well you all know the correct provisions to misuse here is that of Bharat Ratna DV Act suggested the way you describe your BIL one side he is drunkard and the medal he is wearing is that of Gaz. Officer rank in a State Govt. yet he does not give even Re. 1 to your cousin sister in a joint family but your cousin sister is worried for property rights !


Is she not worried for her maint. even if she gets a roof over her head via restraining order under Bharat Ratna DV Act !!!


Suggest to avoid interference in cousin sisters marital life. 

@TJI

Yes she is worried about it because their is no other place to live if she is thrown out of home and he does notcare for them at all.Even for the daughter.My sister's FIL was a proncipal of a very good college and was very reputed.he used to love n care his DIL and grand daughter.

So she is hesitating to meet a local lawyer.We are not inerferring her life anyway.Just responding to her request to help only.

Thanks.

@Gauriji, The referred to two plots can be willed away by the MIL to whomsoever she may like. If she expires before executing the will, then also only your husband can stake claim of his share in those plots.  During his life time, neither your cousin nor her daughter can claim any thing in that property.

Ref. to harassment against her and her daughter by the MIL, SIL and the husband, she has got relief under domestic violence Act.  But if she invokes this provision, there is a chance that the relationship may break-down irreparably.  She has to think twice before resorting to this Act.  If the MIL and SIL's cruelty reaches beyond the tolerable limits, then there will be no option except to resort to the provisions of this Act.  If she records their threats of vacating her from the residence by audio and if possible by video, these will be good pieces of documentary evidence. 

You have got not only right but duty to intervene into the problems of harassed women including your cousin sister.   This is what "BELL BAJAO" movement. We must become more and more sensitive towards others problems. We indians are insensitive towards the problems of others and that is why, English ruled us for 200 years without any trouble.