• Ancestral property

Whether a grand son can claim a share in the house property purchased by father from his own earnings bequeathed to his son son through will.
Asked 7 years ago in Property Law
Religion: Hindu

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14 Answers

No, grand son does not have any right on that property 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

That becomes a self acquired property of the son and as such the son can sell the same and he does not have to take permission of anyone 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Any property which devolves upon a person not through inheritance but through a gift becomes the self acquired property and as per the Hindu Succession Act, he has absolute right on the samw till his life time.

 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Grandson has no share in property inherited by father from your grandfather by will 

 

2) it is not  ancestral property 

 

 

Ajay Sethi
Advocate, Mumbai
99974 Answers
8159 Consultations

Son can sell property without consent of his sons 

Ajay Sethi
Advocate, Mumbai
99974 Answers
8159 Consultations

Cannot sir, the person who purchased the property from his own income, can settle  the same to any third  party and nobody can question  about  it,  even his direct  legal heirs also.  In your case,  Grand father settled  his self acquired  property  to his son by way of Will.  Therefore  nobody  can challenge  it.  The grandson also does not have any right to claim share.  Moreover,  incase,  if the grandfather died without  executing the Will,   the property will devolve upon his direct legal heirs(mother,  wife and children) as per section 8 of Hindu Succession Act.  Even that situation  also,  being a grandson he doesn't  have right to claim a share on his grandfather's self acquired  property.

Selva Perumal
Advocate, Chennai
339 Answers
36 Consultations

Son who got property by Will can sell it to any person without consent of his sons. Such a property becomes self acquired property 

Consent for sale is required only when property is an ancestral property

Yusuf Rampurawala
Advocate, Mumbai
7922 Answers
79 Consultations

Sir the grand son cannot claim right in such property it is not ancestral.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. During the lifetime of his father, a son will not have any right in his father's self acquired property..

2. A person who got the property through WILL from his father's self acquired property needn't take any body's consent, including his sons. 

Shashidhar S. Sastry
Advocate, Bangalore
5635 Answers
339 Consultations

This property is not earned by your father so he can not sell it to anyone. According to succession law you and your siblings are legal heir of your grandfather's property. So you need not to worry. If your father sell it to anyone you can claim it in future

Mohammed Mujeeb
Advocate, Hyderabad
19371 Answers
32 Consultations

When there is a Will, it's no longer an ancestral property.

Grandfather ==Will==> Father (Based on the Will wordings, Can sell it as its not ancestral property anymore. Grandson cannot claim it as ancestral property.)

A property obtained through Will becomes a self acquired property.

Sandeep Prakash
Advocate, Bangalore
308 Answers
2 Consultations

Dear Sir,

It is a self acquired property of the Sons as such his sons cannot claim a share during his life time. None of the properties described above does not comes within the definition of ancestral property as such the sons/grandsons have no right to claim a share during the life time of father. 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.

Kishan Dutt Kalaskar
Advocate, Bangalore
6244 Answers
500 Consultations

Dear client,

By virtue of WILL, you are absolute owner, child has no say in your life time.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

If property is received from the gift than the donee has full rights in the property to utilized as how he or she want to use the property or sale it as per his wish.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

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