• Inheritance to grandson on grandmother's property

I want to know my grand mother having a property which inheritance from my grandmother's mother's father's and now that property my grand mother says its mine stridhan and its not covered in hindu varsai property is it true ?? do i have any kind of rights on this property ???
Asked 8 years ago in Property Law
Religion: Hindu

4 answers received in 2 hours.

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14 Answers

It is her absolute property by virtue of S.14 of the HSA,1956.

However, as per S.14(2), if your GM inherited with restricted estate in such property, then the section shall not apply.

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

If the property is give to your grandmother as Sri Dhana it become a self acquired property of your grandmother.

You can not claim any right over the same.

On the demise of your grandmother the children of your grandmother will have the equal right of share in the property.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

If it's her inherited property yes but if it's her stridhan then no.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Hello,

You as a grandson will not have right on the property of your grand mother.

Your father will have a share in that property if the same happens to be an ancestral property.

It is not true, a property which is an ancestral property can not be saved by saying that the same was out of the stridhan.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You have no share in property inherited by grandmother from her parents

She can bequeath or dispose the property as she pleases

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hello,

Chances are low, but you may anyway claim your share in the property by filing a partition suit in the civil court nad see if some case is made out.

Contact a local lawyer with all the documents i.e., 1960 order, huq kami etc.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You should get your father's share and she cannot alienate that part of the share.

Similarly, if your uncle is alive, his part of the share can be bequeathed by him to whomever he intends.

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

1. Your grandmother is absolutely right. The property which one gets through inheritance becomes his separate property which is at par with self acquired property.

2. During her lifetime your grandmother is at liberty to sell, gift, bequeath or mortgage her property to anyone she desires,whereas if she dies intestate then her property will devolve through succession on her legal heirs i.e her children and children of pre-deceased children.

3. So, no chance of any 'write' for you in this property.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

A Property inherited by a Female Hindu, is her sole and independent property and no one has any kind of right, title, interest, share or any kind of claim whatsoever in the property inherited and held by a Female Hindu. A Female Hindu is entitled to dispose off such property in the manner she wants. The concept of Birth Right , Ancestral Property etc. is not available and applicable in cases of Hindu Females.

So you do not have any right in this Property. Even your Father cannot claim any right in this property against your grand mother.

Regarding Haq Kami, this can be done by your grand mother by way of Registered Instrument or by way of a Family Arrangement. A Simple letter or affidavit of Haq Kami is not valid.

Vivek Mapara
Advocate, Ahmedabad
28 Answers
4 Consultations

If property was in joint names of grandmother , father , Uncle on father demise your mother , you and your siblings would inherit father share in property

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

If it is inherited property you have right except if it's specifically come under stridhan then No. After her death the question arises in case of stridhan. That too depends if she dies intestate or with Will.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

I want to know my grand mother having a property which inheritance from my grandmother's mother's father's and now that property my grand mother says its mine stridhan and its not covered in hindu varsai property is it true ?? do i have any kind of rights on this property ?

This property becomes your grandmother's own property.

Ancestral property shall be from father's father's father's father's father's father.

Thus it is male hierarchy only and not from female descendants.

Therefore nobody other than your grandmother has any right in the property.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

my grand mother name is come from my grandmother's mothers using varsai and my grandmother get property from her father using hindu law from court in 1960 approx...and in the same property my grand father and my father and my uncle name was also included but now my father is no longer and my father and my garnd mother write huq kami from that property so all the property of my uncle so..thats why i am asking what is the chance of my write in this property ?

This property shall be exclusively her own property of your grandmother at least during her lifetime.

You have wrongly understood law.

Though your grandmother inherited property from her father, ther further rights in the property to the next generation extinguished with her.

Now it shall be her own and absolute property.

You may consult a local advocate with all relevant papers to see if there is any loophole in it.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Hi,

There are some variations of inheritance law as amended by states, you are suggested to refer that.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

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