• Right of grand daughter

My Sister Husband died when my Niece was 5 years old, now she is 20. he died of liver failure due to excessive drinking.

They were not given any share in the property nor any maintenance.

Do she have any right in the grand father property.

The grandfather maintain that the share have already been distributed to there sons before the death of my niece father (my niece father were 3 brother and 3 sister)
Asked 3 years ago in Family Law from Delhi, Delhi
Religion: Hindu
1. She has no right in the property of her grandfather.

2. However, if her father owned a property during his lifetime and died without making a will then she and her mother are entitled to an equal share therein. 
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

1. Your niece  will have a share in her father's share which he got from her grand father if any.
 2. Since grand father is alive she will not have any right in the property what he earned or possessed by him during his lifetime.his legal heirs  get the share only after his death unless he decides to give them.
3. If the grandfather holds any property which he inherited from his parents or grand parents, niece will have  legal right in the property as  a legal heir.
3. Finally if the grand father dies intestate/ without making a WILL or any other testamentary documents, all his existing properties will have to be divided equally between the children /his legal heirs(his and children), from that your niece will get her deceased father's share .Your sister and the niece are his (deceased brother in-law)heirs will get his share .
is there any property in the name of the grand father undivided?
if the division was made excluding your niece after her father's death and the property was a self earned property of the grand father your niece has no right in it and can make no claims..
If  you think the property is inherited by the grand father from his grand parents ask for a partition after sending a legal Notice.
Thresiamma G. Mathew
Advocate, Mumbai
1515 Answers
134 Consultations

5.0 on 5.0

1) no your niece has no share in grand father self acquired property 

2) if her deceased father had any property in his name on his demise his property would be inherited by his widow and children 
Ajay Sethi
Advocate, Mumbai
45421 Answers
2668 Consultations

5.0 on 5.0

Hi, when the property was already distributed amongest the three children then grand daughter has no right to claim the property.

2. If there is no prior partition then only she has right over the property.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

If it was ancestral property, your niece as well as your sister (if she is living) can seek partition and separate possession of share of the deceased brother in law, if the grandfather is not accepting, a partition suit may be filed. 
T Kalaiselvan
Advocate, Vellore
35580 Answers
385 Consultations

5.0 on 5.0

She has right to share over the property of her grandfather, as she is the legal heir of her father. Both daughter and mother has equal right over his share of property, IF the poreprty was not partitioned prior to his deather and he has not take his share. 

You have to first confirm if the property was already partitioned or not. If the property was not partitioned during his lifetime, proceed with the partition suit seeking your share of property. 
Sandeep Hegde
Advocate, Bangalore
403 Answers
116 Consultations

4.8 on 5.0

Ask a Lawyer

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