• Rights of a grandson

My father has a self acquired property. My mother is passed away before my father. We are two siblings. My father passed away leaving a will to me. ( bequeathed all his self acquired property and his share of ancisteral property to me). Property is been mutated to my name. My brothers name is not there in the will. 

Now, my brother is divorced and have a child. Does my brother or his son with ex wife will have any right on the property? Can they claim anything?
Asked 6 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

28 Answers

You should apply for probate of will 

 

2) probate is judicial proof that will is genuine 

 

3) if there are no objections received you would get probate in 6 months 

 

4) your brother and his son ha e no share in property bequeathed to you by will 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

No if there is a will they have no right or claim over the property. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. When your brother has no share in the property devolved upon you by virtue of the Will then there is no question of his legal heir to have any share therein.

2. It is not clear whether you have taken any Probate of the Will or not. If not and if the same is compulsory in you stat then do so asap.

3. If your father have given his ancestral property solely to you then your brother and his son have share therein.

Devajyoti Barman
Advocate, Kolkata
23670 Answers
538 Consultations

The property owned and bought buy your father shall be your and no right of brother there.

However, he may fight on ancestral property in court as until he gives his NOD to relinquish his right it will be always available with him to contest and own.

For any further query feel free to connect

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

Kindly clarify on what basis you say it is ancestral property 

 

2) property which has remained undivided for four generations is ancestral property 

 

3) in your case after partition it ceases to be ancestral property 

 

4) your brother cannot claim any share in property 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

The property is partitioned and the brother has no right on same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See father was absolute owner of property received by partition and self acquired so by his will you are absolute owner and brother has no share.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Your brother or his son will have no share in property 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

No. He will not have any share in the property 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You may enjoy the property since you have bequeathed it through the will.

 

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Ex wife has no claim in husband property and by virtue of WILL (testamentary succession), you are absolute owner. Non has nay claim. And if there was no WILL, than only in ancestral property,grand child had share.

After partition, received share become his personal property, WILL is valid for that property also.

You are absolute owner.

Hope WILL is duly executed and attested !

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

1.  Brother or his legal heirs cannot claim any type of rights over Parents "self-acquired" property that was properly willed to you.

2. IF the ancestral property was duly partitioned documentarily via a registered "partitioned deed",  ONLY THEN such ancestral property will lose its "ancestral" tag and will classify as "self-acquired" at the hands of the partition-receiver.   ELSE on the contrary to this, ALL the legal heirs would be entitled to EQUAL share only in the ancestral part of the property that was willed to you.   ORAL partition of ancestral properties, is legally not acceptable, during disputes reaching the courts. 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

If he has given his property after  your father has got his share after partition from his father then the said ancestral property took the nature of hiss elf acquired property and hence your brother or his son has no share in it.

Devajyoti Barman
Advocate, Kolkata
23670 Answers
538 Consultations

If the property given to you by your father is ancestral only on that property your brother or her legal heir can claim

Prashant Nayak
Advocate, Mumbai
34752 Answers
252 Consultations

Your father has bequeathed his self acquired property and his share of ancestral property to you under his Will

Provided the Will is proved and there no challenge to it, your brother and his son stand excluded

Even otherwise if the Will was not made, only you and your brother would have a right in his estate since a grandson is excluded as a class 1 legal heir under Hindu Succession Act

Yusuf Rampurawala
Advocate, Mumbai
7939 Answers
79 Consultations

Also u/s 30 of Hindu Succession Act, a Hindu can make a Will of his share in ancestral property to any person of hia choice

So the bequest made by your father of inherited property is valid

Yusuf Rampurawala
Advocate, Mumbai
7939 Answers
79 Consultations

They cannot claim anything from you now as your father has can write fully dispose of his self acquired as well as his share of the ancestral property to anyone he wished, which he did by way of will in your favour.

 

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

Your brother can still claim his share on the ancestral property.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

If it was partitioned property,it would be treated as a self acquired property of your father and not ancestral property hence your brother or his heirs would have no share on such property.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

1. Have you appied for and availed the grant of probate of the will from the Court?

 

2. In that case your brother will get a copy of the application and will either contest it or give his consent for the grant pf probate for the said will.

 

3. Onmce the will is probated, nobody else will be abnle to claim share on it any furher.

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

1. If your fatrher has bequeathed his properties to you, then you shall necome its sole title holder.

 

2. However, you shall have to get the probate of the said will for getting seal on the Court on the said will.

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

1. The said portion of the property is your father's property.

 

2. You shall be come its owner if he has bequeathed the same in your favour.

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

Hello,

Yes if it's your own brother then he has the right over your father's property.

Regards

Swarupananda Neogi
Advocate, Kolkata
2996 Answers
6 Consultations

your brother can claim his share in ancestral property. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

Since you have enforced the Will and acquired the property bequeathed in your favor and also mutated the property to your name, it may not be possible for them make any claim for a share in the properties. As it is your brother's son or his ex wife cannot claim any share in the property as a right.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

If you say that your father's father property as ancestral then it is not ancestral in nature hence your father's will bequeathing his share in the property to your name in respect of that property is legally valid and cannot be challenged because that will be considered as his absolute and own property.

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Your brother cannot claim any right over that property at this stage because it has been acquired by you and duly mutated to your name, he never objected to that hence now his claim may not be entertained.

His son do not have any rights in it.

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

1) Your brother or his will not have any right in self acquired property of your father.

2) But they can claim the share from ancestral property of your father. 

3) They can file the claim for ancestral property but not for self acquired property of your father.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Ask a Lawyer

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