• Grandmother rights

My current age is 21. When My age was 4 months when my mother died. So that's why my father had second marriage. And after second marriage my stepbrother born.

My father is don't care about my. So my childhood was fully depend on my grandparents.

My grandparents have two son's only. Suddenly 7 months ago my grandfather's was died. After my grandfather's death the whole ancestral or self purchase property divided in three shares 1/3 favour of my grandmother, 1/3 favour of my father, 1/3 favour of my paternal uncle.

So as I also told you my father is careless about me and I am fully dependent on my grandparents from childhood age.

So can my grandmother will make a will or gift deed in my favour from their own succession shares.
Because I know my father & stepmother. They will not give me anything on his property.
Asked 4 years ago in Property Law
Religion: Hindu

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14 Answers

If the property in the name of your grandfather is an ancestral property, the grandchild i.e. you has equal share on the same. You can file a civil suit for set aside partition done without giving you your share along-with petition for interim relief.

In case of self acquired property of your grandfather, only his immediate legal heirs i.e. his wife, son(s) and daughter(s) will have right to inherit the property left behind by the Grand Father.

Your grandmother can legally give you her share by way of a will,gift deed or relinquishment deed.

In case of gift deed of relinquishment deed registration is mandatory.

In case of will, property can only be transferred in your name after death of your grandmother but in case of gift or relinquishment deed the transfer can be made during the lifetime of your grandmother.

For any other queries, feel free to call.

Regards.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

1) grand mother can execute will bequeathing her one third share in proeprty to you

2) will should be attested by 2 witnesses

3) registration of will is optional

4)in alternative she can during her lifetime transfer property in your name by registered gift deed

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Hello,

Since the property has been divided therefore the property ceases to be an ancestral property and therefore the grandmother can make a will in your favour thereupon alloting you her share of property.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Yes the grandmother can legally make a will or gift deed in your favour for the property she recived.

As hindu female is sole owner of property she receives in any form so she can transfer it according to her wish so she can make a registered will ke registered gift deed to transfer her share to you.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Your share in the property of your grand father comes through your father only.

2. Since on the death of your grand father the inheritance opens you can claim your share from the 1/3rd share of your father.

3. As your father is reluctant to give you any share you can file a suit for partition and injunction.

4. Your grand mother also can gift her share 1/3rd share in your favour or make a Will in your benefit. She does not need consent of anyone to give her 1/3rd share.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. Under Hindu law a property attains ancestral character only if it was purchased originally by the fourth lineal descendant and remains undivided for four generations. This is the classic but not the sole test to determine if the property is ancestral or not.

2. Your grandmother is at liberty to make a bequest of her own share in the self acquired properties of your grandfather. She can also make a gift deed which requires mandatory registration.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

No, the property of ancestral nature cannot be transferred through will if there are other legal Heirs you will get share in the property including the shares from your grandmother which will be best in her two sons equally and you will get share from the share of your father.

At the same time you have the privilege to file a partition suit from the property of your father you get your own share

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Dear Sir,

Yes, you can get a Gift Deed or Will from your grandmother to protect your welfare after the death of grandmother. Your right in the properties of your father is also protected and after his death you are entitled for half share in his properties. The law is as follows:

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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.

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HINDU WOMENS PROPERTY…. HOW IT DEVOLVELS

A hindu woman holds the property as an absolute owner and now she can dispose off the property as her own property. The concept of ancestral property does not apply to a property held by a hindu woman. Your maternal grandmother (naani) can will the property to anyone. However, if she dies intestate (without a will) then the property will devolve as per the rules of succession in Hindu Succession Act, specifically, section 15. In that case, the property goes to the legal heirs of the woman on her father’s side if she received the property from her father’s side and to her husband’s side if she received the property from her husband side.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Dear Client,

Your grand mother is absolute free to WILL or Gift her share to any of her Choice.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Your grandmother can gift her share to you by executing a gift deed

Gift deed has to be stamped and registered

She can also make a Will in your favour

But its better to have gift deed in her lifetime itself

Yusuf Rampurawala
Advocate, Mumbai
6881 Answers
79 Consultations

5.0 on 5.0

This is my response to you:

1. Yes you grandmother can make a will in your favour;

2. Your grandmother has full rights to transfer her shares to whosoever she wishes to;

3. But you can also claim your father's property as you are still his son;

4. You can send a legal notice to him to claim your share;

5. You continue to be the legal heir of your father therefore you can claim that share from your stepmother after your father's demise;

6. Since you are still too young, therefore engage services of a lawyer to draft the necessary documents etc.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Ask your grandmother to get a Gift deed executed in respect of her 1/3rd share in your favor during her life time. As regards your 1/3rd share in 1/3rd share of your father, you can legally claim the same after the death of your father in case he does not execute a Will. So get the gift deed executed in your favor from your grandmother secretly without giving any clue to your father, stepmother, step brother and your uncle.

Dalip Singh
Advocate, New Delhi
1040 Answers
36 Consultations

5.0 on 5.0

Dear Concern,

Please take note of following -

1. Such properties which are self acquired by your grandmother can be named to you by way of will or gift,

2. Such properties which are self acquired by your grandfather and now has been named to your grandmother can be named to you by way of gift or will, and

3. Such properties which are ancestral and has gone to your father will have to be partitioned in among yourself and your step brother. There's no other way out. Law provides you a right and you can avail them even during the lifetime of your father.

4. However such properties which has been self acquired by your father cannot be claimed by you before his death and in case he writes a will in favour of your step brother or step mother or gift it to them then you cannot object the same.

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

5.0 on 5.0

Since your grandmother, as a legal heir to her husband is entitled to one equal share in the properties left behind by your grandfather, she will become the absolute owner of the share of the property she would inherit/acquire.

Thus she can very well bequeath her share of proeprty to your name by a Will..

This will be valid in law.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

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