Ashish Malathker (A.A.M) 28 May 2021
Sankaranarayanan (Advocate) 28 May 2021
Only the legal heirs of the grandfather have rights on it and no issues on separation or living jointly
nikita jain 28 May 2021
kavksatyanarayana (subregistrar/supdt.(retired)) 28 May 2021
Agreed with the views expressed by the above experts.
Dr J C Vashista (Advocate) 29 May 2021
A child in womb also gets a share in HUF, irrespective of the fact his/her parents live separate (with or without divorce).
SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 29 May 2021
It depends upon various facts also.
In the above sequence, whether at any stage the property was shared by way of Registered Sale Deed in the absence of a Will?
G.L.N. Prasad (Retired employee.) 29 May 2021
If the parents secured/eligible for share, the proportionate share devolves on their legal heirs together with other co-sharers of his parents. Separation of parents is not going to make any difference unless there are agreements to the contrary giving some benefits at the time of separation in lieu of the shares in family properties.
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 29 May 2021
Recently, the Supreme Court (SC) reiterated that all assets belonging to an HUF would be presumed to be joint property. Under the Indian law, the property belongs to everyone in the family, equally.
T. Kalaiselvan, Advocate (Advocate) 29 May 2021
Children's rights in their father's ancestral property are not affected upon divorce. Unless there is a will excluding them from inheriting the ancestral property.
The son is treated as a Class I heir of his father's property. He has a legal right over his father's ancestral property. He also has an equal share in his father's self-acquired property if the father dies intestate.
According to the Mitakshara School under Hindu Law, the son has a right by birth in his father's and grandfather's property. If it is a self-acquired property of the parents/father, the son cannot claim it. But there can be a consideration regarding the same if he can prove his contribution to the property. The self-acquired property is unlike ancestral property.
A son is his father's legal heir and coparcener in ancestral property. If the parents get divorced, a son gets his share of inheritance in the ancestral property, as it is his birthright
P. Venu (Advocate) 29 May 2021
Is the great grandfather alive now? Who is in possession/occupation of the building? What is the source of his/her title to property?
adv. rajeev ( rajoo ) (practicing advocate) 30 May 2021
minor has share in the share of his father. If he wants his share he can file a suit for partition against his father thru., minor guardian.