1) on demise of grand father your father had one third share in property
2) on father demise his one third share would devolve on your mother , you and your siblings
3) file suit for partition for division of house by metes and bounds
About my grandfather's property
Hello sir/Madam, My name is V.Narendra, I just want to know whether I have rights on my grandfather property and how to claim my right on my grandfather property. My grandfather and my grandmother both are dead. My grandfather had one son(My Father) and two daughters who are married. My Grandfather is having a house in his name. my father also died but his two sisters are alive. Now how I have to approach legally to get right on that house. I am having issues with my father sisters that they are saying that it is their house but the house is still on my grandfather name. Please advise me how to get that property. Thanking you.
Asked 7 years ago in Property Law
Religion: Hindu
10 Answers
A grandchild does not have any birth right on the self- acquired property of his grandfather if it had been allotted to his father in a family partition in his capacity as legal heir and not as a coparcener under the Hindu Succession Act 1956. The grandfather can transfer the property to who whoever he desires.
You can file a partition suit to get the property divided as the property was of your grandfather your father and sisters have the rights in the property and after demise of your father you are the legal hair to your father and have right of share in the house as your father had.
Yes, you(along with the other legal heirs to your father) have a share in this property.
If partition of this property is not possible amicably, file a partition suit against your aunt's and seek division of this property and possession of your share consequently.
Hi
As a grand son, you have right to claim your grand father's property.
However the house will be divided in to 3 shares(1 share for you(father's share), 1 share each for the sisters.
Please file a partition suit in court of law and also ask for permanent injunction, restraining the sisters from alienating the property.
Firstly, Sir, the property of your grandfather first have to be categorised as self acquired or anscestral.
Secondly, if the property is self acquired then it may dissolve as per Hindu Succession Act.
Thirdly, if it is anscestral then it may go by way of inheritance.
Fourhtly, as per Hindu Succession Act, you all may have equal share in it.
Fifthly, as per Inheritance then there will be four shares, one is your then your father (notional) and two other sisters.
Sixthly, then you would get your plus your father’s share also.
Sir you legally have right over the share of your father in the house. Since on demise of your grandfather and grandmother without will the property shall be divided into three shares 2 fathers sisters and father since father is no more his share will go to your mother and you and your siblings if any equally.
File a partition suit over the property to claim your share in the property.
1. after demise of your grandfather, the house would go to his legal heirs i.e .his 3 children, which includes your father
2. so your father had 1/3rd share in the house
3. on your father's demise,that 1/3rd share will go the legal heirs of your father i.e. widow and children (which includes you)
4,.you will have to file a partition suit to claim your share
Dear Client,
After the death of grand parents,property will inherit in their children by 1/3rd share each and your father 1/3rd share will inherit in you. File partition suit.
If the house property is on your grandfather's name and if he is reported to have died intestate, then you and your siblings including your mother are entitled to inherit your father's share out of your grandfather's property.
If your paternal aunts deny your share or not willing for an amicable partition, you may file a partition suit and seek separate possession of your legitimate share in the property.
