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prakash   23 March 2018

Property share

Sir, My Grandfather purchased a land in 1962 and registered if my grandmother. My grandmother died in year 1993 and there is no will. can i claim share of my grandmother's property.


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 8 Replies

R.Ramachandran (Advocate)     23 March 2018

Grandmother means - paternal or maternal?

Depending upon your answer, whether your father/mother (who is the son/daughter of your grandmother) is alive or not?

If alive, you cannot claim any share.

Vijay Raj Mahajan (Advocate)     23 March 2018

The property was owned by your Grandmother and under the Hindu Succession Act,1956 the property of Hindu woman who dies intestate, without making Will shall devolve firstly to her children, in case your parents are alive, you cannot get share in that property if your parent (son or duaghter of your grandmother as the case may be is alive). 

R.K Nanda (Advocate)     23 March 2018

u can claim share in said property only after death of ur parents.

prakash   23 March 2018

Sir,

My father ,mother & grandfather alive. But my grandmother died. so can you tell who can claim the property as per Law.

prakash   23 March 2018

sir,

My father doing nothing. And my problem is when he get share the property he will sell out. 

Previously my father sold property in cheating. This is one property we have. 

My familay memebers also giving to bulider for making Flat.

Sir i am leaving last 30 years in that house. So there is any hope to stop. I don't need any share but i don't want take share my family members. Please suggest.

Kumar Doab (FIN)     23 March 2018

You have not posted; which personal law applies in this case?

Or are you all Hindu?

The grandmother is Paternal ( Daadiji) or Maternal ( Naaniji)?

Your father, mother were alive as on date of death of your Grandmother?

Confirm!

Kumar Doab (FIN)     23 March 2018

The property from mother’s side is not ancestral.

Otherwise also;

Ancestral Property; should be four generation old…….in other words  property acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter.

It should not have been divided by the users in the joint Hindu family as once a division of the property takes place, the share or portion which each Coparcener gets after the division becomes his or her self acquired property.

Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.

Even if claim the funds were provided by Grandfather the nature of property may not necessarily be ancestral. 

Kumar Doab (FIN)     23 March 2018

Succession opens on date of death.

Grandmother being title holder her legal heirs e.g; sons, daughters shall share it as per provisions of personal law that applies in this case…

Grandchildren have NO forced share in self acquired estate/property of grandparents.

So you may not have any share in property left by your grandmother..

IN case your Father/Mother (depending upon grandmother is Paternal ( Daadiji) or Maternal ( Naaniji)) have deceased without disposing their share in property left by grandmother then you may a have  a share………………as per provisions of personal law that applies in this case…

 

The property that devolves by inheritance is of nature self acquired therefore your Father/Mother can dispose their share in said property of grandmother in their life time without any consent from you..


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