Does my grandfather have right to write will on property acquired
My grandfather inherited property from his father demise(without will), through a partition deed.
grandfather now has 4 sons, alive and lives with younger son. My father has been requesting for partition for his share, but other 3 sons are denying to do and also threatening that they will not give our share if we fight more and my grand father is also favoring them.
As of today, my grandfather has not written any will. Before he does, can I as a grand son or my father as a son has right for share on inherited property?
Asked in Property Law from Hyderabad, Karnataka
1) once deed of partition has been made it would be self acquired property of your grand father .
2) your grand father can sell , gift , transfer property to whom soever he pleases
3) he can also bequeath property to any of his sons if he so desires
4) your father or you cannot claim any share in said property as on date
5) only if grand father dies intestate and your grand mother predeceases him would your father have 1/4th share in property .
Property inherited to my grandfather is not self owned by his father, this was inherited from his father...can't be called it as ancestral property.....
also can we request court to initiate partition as all sons are not in sync
Asked 2 years ago
1) once partition has taken place property ceases to be ancestral property
2) as mentioned earlier your father cannot seek any partition during his father( your grand father) lifetime
1. Your father cannot legally enforce a partition of this property as he has no share therein.
2. Your grandfather is the owner of the property which was divided after the demise of your great grandfather. Consequently, he has the right to use, sell or will the property at his sweet will.
3. Neither you nor your father can claim any share in the property.
It does not matter if the sons are in sync or not. Your grandfather can dispose his property at his sweet will.
1. The inherited property of father if given to legal heir by way of Partition deed makes it self acquired property and in this case this property will be regarded as self acquired property of your grand father.
2. In that case neither you nor your father claim any share in it unless your grandfather is ready for this.Partition suit will be of no help.
1. The property is not an ancestral property as defined by law,
2. Your grandfather is the absolute owner of the said property,
3. So, neither your father nor you have any right on the property of your grandfather during his life time.
1. The property was partitioned as mentioned by you in favour of your grandfather,
2. So, it is not an ancestral property,
3. Your grandfather can do whatever he wishes to do legally with his said property.
A person may leave bequests in his/her will however if you are a Hindu, which i am presuming you are, then such bequests could be left only with regards to self acquired property. In case of ancestral property a son can sue for partition against his father. Hopefully this answers your query.
However if as you say the property was acquired through partition previously then such property ceases to be ancestral and becomes self acquired. In such case it will not be possible for a son to sue father for partition.