balwinder s bains (Nil) 07 February 2012

Only one grandson's right in ancestral property

Father dies of a kid aged about 4 years, (his father was the only son of his grandfather plus one surviving daughter.) Now the grandfather does not want to give any share from his ancestral property to this minor small kid. What remedy this child have to claim his share & who caan claim his share on his behalf?
What is the remedy in case grandfather sells his property without giving the due right or share to this infant/kid?
What is the remedy in case the grandfatther leaves registered Will in favour of his only surviving daughter (bhua/Aunty) or her 2 childern & wife (grandmother)?
Can he claim his right to live in the house (self earned) of his grandfather as his mother living with him/kid in a rented house?
Can both kid & his mother claim and force through legal recourse to allow them to live in his house. This house suppose 2/3 part rented out by GF? What is proper procedure & sections of law / IPC can come into force? & how?
Can the kid & mother ask and claim livlihood, study etc costs from grandfather in the abscence of his father?
Incase GF denies the share to grandson - kid & mother , Can he be charged & tried under cruelty treatment to them?
What the suggessions you can give & how you peeople can help this kid?
This could go a great way if few selfless gentllemen come forward & help him, This will be a great social cause.
This is very serious human rights violation of a kid by his own grandparents & auunt (bhua & fufar)?
PLEASE RESPOND ASAP, THIS IS A NOBEL CAUSE. THANKS V MUCH & Best Regards.

4 Replies

adv. rajeev ( rajoo ) (practicing advocate) 07 February 2012

If it is ancestral property of the GF then child can claim itz share in the share of her/his father's share, for that mothe has to file a suit for partition and seperate possession, mother is also enttittle for the share. If it is self acquired property of GF nothing will be available for either to child or mother.

balwinder s bains (Nil) 07 February 2012

Adv, Rajeev,

Thanks very much for your reply to one of the Qs.

We shall be highly obliged if you could spare a bit of more time from your v busy schedule to answer the rest of Qs.

Best regards,

jayakumar.R (ADVOCATE & LEGAL CONSULTANT) 07 February 2012

This is very unfortunate, generally Grant parents are not behaved like this , and also the situtation of the kid also very bad, if he property is ancestral , Grant father have no right to write a "Will" document in any persons favour he have only co-parcenery right that all.

balwinder s bains (Nil) 07 February 2012

Dear Jaya Jee,

Thanks very much for your very encouraging and natural sympathatic words. Can you please advise if this person can be moulded back by pressurising legally and socially.

Best Regards,