• In regards of my rights towards property

My grandfather holds three different residential properties in three different cities. One of them being his ancestral property and two of them made by himself only.one of them is in which we;along with him live also. It is commercially active as well.His only son and my father is no more. Do my mother or I have any constitutional rights to claim that properties?
Asked 6 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

24 Answers

See in life of grandfather you have no right over the self acquired property though on his intestate demise you have right on same if there is no will.

Further in case of ancestral property if it is 4 generation old and not partitioned then in that case you can claim your share but in case it is not fourth generation old and it is partitioned then no right over same

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) you have no share in grand father self acquired property during his lifetime 

 

2) on grand father death intestate your grandmother , your mother and you would inherit his property 

 

3) I presume your father did not have any siblings 

Ajay Sethi
Advocate, Mumbai
99842 Answers
8148 Consultations

Dear client, 

If your grand father is alive than no claim except in ancestral property and your share will inherit in you and mother. No claim in self acquired property.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

Yes. Unless he has willed it to some other person. 

I

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

Grand son don't have any rights in self acquired property of grand father.  In ancestral property grand son have share without consent of successor your grand father cannot sell it as a succesor you can claim share in ancestral property. 

Mohammed Mujeeb
Advocate, Hyderabad
19334 Answers
32 Consultations

.

Hi,

As per the law of inheritance you have the right to claim share in that property. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Any property which as on date stands in his name, you have no right in those properties. Only if he dies intestate, i.e., without making any will in respect of these propeties, you and your siblings derive an interest in these propeties. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

If he has no will then the said property will be equally divided among his legal heirs. You also have right in ancestral property

Prashant Nayak
Advocate, Mumbai
34562 Answers
249 Consultations

Hello, 

You will have the right over the property as when he leaved for heavenly abode without a will. 

During his lifetime you do not have any stake on the said property. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Yes you and your mother have right on the ancestral property as it is not clear in your question that your grandfather is alive if he is alive then he can dispose the other two properties which he acquired as your wish and you don't have any share in that property any claim on those properties which is aquired by your grandfather will not be entertained by the court and definitely you will loose the case but you can claim the share in the ancestral property along with your mother

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1) As of now you can claim in ancestral property and not in the self owned property by grandfather.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You can execute Registered gift deed in favour of them

Prashant Nayak
Advocate, Mumbai
34562 Answers
249 Consultations

Through registered gift deed, stamp duty is state subject and varies from state to state,contact local property lawyer. 

Mohammed Mujeeb
Advocate, Hyderabad
19334 Answers
32 Consultations

The property can be transferred though gift or settlement deed. The stamp duty based on value of property.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

He may transfer his self acquired properties to you under a gift deed .You'll have to pay a stamp duty @ around 6% on this transaction 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

through gift deed. 

Stamp duty at the rate of 4% will have to be paid 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You have a share in the ancestral property but not in his self acquired property. He can will it to anyone as far as self acquired property is concerned.

registration must be done in case of transfer.

He can gift you the property and the registration cost can be saved this way.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Gift deed can be executed fir transfer of property out of love and affection 

 

gift deed should be duly stamped and registered 

 

then apply for mutation of property in your name based on gift deed 

Ajay Sethi
Advocate, Mumbai
99842 Answers
8148 Consultations

1. The concept of 'constitutional rights' does not apply to inheritance of property.

2. During the lifetime of your grandfather none of his legal heirs has any share in his properties. He is at liberty to dispose or bequeath the properties in the manner he desires.

3. If he dies intestate then his properties will devolve through intestate succession on all his children including the heirs of your father i.e his widow and children.

4. To transfer the property the owner has to either execute a sale deed for consideration or gift deed. The expenses will be stamp duty and registration charges, which only a local lawyer can tell as these are not uniform across India.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Apply for legal heir certificate than on the basis of it, property will transfer in your name.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

Since it is your grandfather's own property nobody can claim  any share in his property as a right at least not during his lifetime.

Thus your mother cannot claim any share in it for whatever reason as a right.

T Kalaiselvan
Advocate, Vellore
90044 Answers
2498 Consultations

It can be either by  a registered settlement deed or by a family arrangement or by a partition among the family members.

The stamp duty and the registration may be enquired in the local registrar's office.

 

T Kalaiselvan
Advocate, Vellore
90044 Answers
2498 Consultations

Dear Sir,

Yes, you and mother having right to claim share in those properties.

File a partition suit in Civil court and get your share.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

  1. As per the information mentioned in the present query, makes it clear that there has been three properties in which you would be seeking your share as well as your mother share.
  2. Yes, but for the same, you and your mother will have to take the succession certificate from the court of law.
  3. Once you have the certificate then you can file a suit for share in the properties.
  4. There will be two shares in the ancestral property, one would be of your father and another would be if yours. Then from father’s share you and your mother get equal shares.
  5. Thereafter, in self acquired property you both will be having share as per law of Succession equally.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer