LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Arun Rangaraj (private service)     21 June 2014

Grandson legal rights on grandfather's property

Dear All

Can some one share the legal rights of the grandson about own property of the grandfather(father's father). Since both Grandfather & Grandmother expired and  father is given in writing that he does not want any share. Now father is also expired, is there any legal rights on the above said property.



Learning

 2 Replies

Kumar Doab (FIN)     21 June 2014

It is believed that deceased owner was Hindu and property was self acquired.

The matter shall be decided as per Hindu Succession laws.

If the deceased died without leaving any WILL then the ClassI legal heir shall share the property equally amongst themselves……………………Classi legal heir are:

  • Son/Daughter
  • Widow
  • Mother
  • Son/Daughter of a pre-deceased son (per-deceased means “already Dead”)
  • Son/Daughter of a pre-deceased Daughter
  • Widow of a pre-deceased son
  • Son/Daughter of a pre-deceased son of a pre-deceased son (3 levels)
  • Widow of a pre-deceased son of a predeceased son

 

If your father was the only child of his parents then self acquired property of your grandfather shall be shared equally by your father and his mother (your grandmother)……………………………..

Since mother of your father is also deceased and she acquired the share in property from her husband (and if she has not left any WILL for her share) her share shall be further divided  ……………..as per Hindu Succession Laws i.e……………………..

  • If the women has acquired any property from her Husband, in that case the first right will be of the heirs of her husband , in case of absence of his sons or daughters

 

Hence you can assess how the share in property shall pass to whom and in which ratio……………………

 

As far as some document that has been signed by your father to give his share to you , you may show it to local lawyer dealing in such/revenue matters……………………

 

 

AJAY KUMAR DAS (MEDICAL REPRESENTATIVE)     19 August 2014

Dear sir, I am the grandson and I had filed a suit for partition of my deceased grand fathers/grandmothers self acquired property as my father is alive , where as opposite advocates filed objection stating under section 8 grandson is not mentioned / not a class 1 heirs and has no manners of rights on self acquired property during life time of father who is alive . But we had produced a latest decision of Hon'ble supreme court's on July 2013 that grandson has Birth rights. please advice me.

AJAY KUMAR DAS

ODISHA


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register