As per your post:

Since your father died intestate leaving behind 2 son and wife, therefore all the property of your father (both, self acquired and ancestral) will be divided into 3 parts. If you all want to make partition then you all need succession certificate from the required authority and then make partition deed. If your mother want to make a will then she can make the will related to her share in the property only.

A grandchild does not have any birth right on the self- acquired property of his grandfather. During the life time of the grandfather, if he wish then he can transfer the property to whoever he desires. But after his death, if he dies as an Hindu Male Intestate, then property will be divided as per the Hindu Succession Act.

The sons and the wife will have equal share in husbands both ancestral and acquired property on intestate death of husband under hindu succession act. All three will get 1/3 share of the property.

Yes, the female hindu has complete right of her property no matter how can she acquire it she can sell, make will, gift or relinquish her right over her share on her own wish.

No grandson cannot claim any right on grandfather property but if it is ancestral property then it cannot be sold without consent of grandson if he major or permission of court is required if he is minor.

Please note that :

An ancestral property is a property acquired by your great grandfather (Hindu) which has been passed down from generation to generation (your grandfather and father) up to the present generation (you) without being divided or partitioned by your family.

So, it has to primarily meet two conditions for the property to qualify as your ancestral property;

The property should be four generations old &

It should not have been divided or partitioned by the previous three generations.

Hello,

1) As legal heirs of the deceased the wife and the children shall inherit both the self acquired and ancestral properties n equal proportions.

2) Yes, the mother can make a Will to the extent of her share.

3) Grandson can make a claim on the ancestral property.

1) on demise of father wife and 2 sins have equal share in his self acquired property

2) she can make a will for her share in property

3) grandson has no share in self acquired property of deceased grand father but has share in ancestral property

Once partition has taken place it ceases to be ancestral property

2) wife and 2 sons have share in these properties

3) grandson has no share in self acquired property

1. On death of your father all his 2 sons and widow will inherit all his properties in undivided 1/3rd share.

2. Since their share in the property gets crystallised on death of the father, it is advisable they divide their respective share amicably through a deed of partition.

3. Now whether partition is made or not any one co sharer can transfer his/her undivided 1/3rd share if not beyond the same.

4. During the lifetime of the sons their sons can not claim share in the property unless their father is trying to transfer their share in the ancestral property of the grand father.

5. Property received after partition remains no more ancestral property and it acquires the character of self acquired property.

1. No the property was divided and partitioned it lost its nature as ancestral property.

2. 2 sons and wife gets equal share in the property.

3. No grandson doesnot have any right in life of father.

"Ancestral property is such prooerty that you inherit from your forefathers, up to four generations. "

"A property can be called ancestral if the property was acquired by your great grandfather (Hindu) which has been passed down from generation to generation (your grandfather and father) up to the present generation (you) without being divided or partitioned by your family."

"But in your post you said, your father and uncke had partitioned and divided tge property, therefore before coming as an ancestral property, it became a property created by partition. Any property divided through a partition deed, family arrangement, etc. loses its ancestral character ."

1.The property is not anscentral now.

2.Surviving two sons and wife gets share.

3. It is not ancestral property because partition occurred.

1. Property received by your father in 1952 in lieu of family settlement with your uncle is self acquired property in your father's hands.

2. Upon the intestate death of your father, the property would devolve equally to your mother and her children. In the instant case each person is entitled to 1/3rd share in the property.

3. Grand son cannot claim the property as the instant property is not an ancestral one but a self acquired one in the hands of your deceased father.

4. Ancestral property is one which has traversed from generation to generation intact without being partitioned or divided during its run from great grandfather to great grandchild.

5. Your mother can execute a WILL to the extent of her undivided 1/3rd share bequeathing the property to any person or persons of her choice.

Dear Sir,

My answers are as follows:

how will the wife and sons acquire the share in the property?

Ans: All you three people will get equal shares.

can my mother make a will to the extent of the property she receives following demise of my father?

Ans: The mother can execute a Will in respect of property equivalent to her share.

can the grandson make a claim to this property?

Ans: During the lifetime of father, his son being grandson cannot claim a share.

1. Do these properties are still ancestral in nature?

Ans: The following principles to be read between the lines to know nature of property that is whether it is ancestral property or self acquired property.

2. Who gets a share in these properties? ( surviving wife and 2sons)

Ans: All the three get equal share.

3. Can grandson claim a share in these properties if they can be called Ancestral?

Ans: Yes, if such property fits into the definition of ancestral property.

Dear Sir,

What does the grandparent's property law in India state? Does the grandson own the right to the property?

All property's owned by a Hindu person devolves onto his class one legal heir's.

Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir)

Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally.

Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.

Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.

Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.

To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner.

Hope this brings some clarity to your question and your sense of entitlements.

how will the wife and sons acquire the share in the property?

can my mother make a will to the extent of the property she receives following demise of my father?

can the grandson make a claim to this property?

Upon the intestate death of your father, all the properties left behind by yor deceased father shall automatically devolve on all his legal heirs equally.

Since you, your brother and your mother are the legal heirs, each one of you shall be entitled to 1/3rd share out of the entire properties.

Your mother can very well dispose her share in the property by executing a testamentary disposition, i.e., by bequeathing her own share o property in anyone's favor or in favor of both you which shall take effect after her lifetime or she can execute a registered release deed in favor of both of you during her lifetime, or she can execute a registered settlement deed in favor of anyone of you or both of you with condition, retaining lifetime interest in the property being transferred by this mode.

The grandchildren do not have any rights in the proerty especially during the lifetime of their respective parents.

SINCE THERE WAS A FAMILY PARTITION BETWEEN MY FATHER AND HIS UNCLE in 1952,

1. Do these properties are still ancestral in nature?

The nature of ancestral property extinguished once it was partitioned.

2. Who gets a share in these properties? ( surviving wife and 2sons)

It becomes his own and absolute property of your father hence all the three shall be having equal rights in it

3. Can grandson claim a share in these properties if they can be called Ancestral?

Since this is not ancestral property even to our father, it is not ancestral property in your hands or in the hand of your children, hence he cannot claim any rights in it on that sense, at least not legally especially not during your lifetime.