• Ancestral property

Hi,
My grandfather got property from his father through will. My grandfather has 2 kids, one girl and one boy (my father). Now my grandfather is planning to transfer all property he got from his father to my aunt and my father is supporting his decision as my father don't want anything to be inhereted on my name through him because he is planning to have divorce to my mom. Now my question is, do i have right to claim right on my grand father's property which he got through his father by will even if my father is opposing my decision. Just to clarify i am just 3 year old granddaughter and i am her mother who is asking question on her behalf
Asked 6 years ago in Property Law
Religion: Hindu

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24 Answers

Yes you gave right in the said property being ancestral

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

 as now it is fourth generation and the property cannot be transferred by your grandfather without your no objection to transfer the property in case you do not this that property should be transferred then you have to file a temporary injunction suit in the court to hold the property from any sale are transfer to any person until and unless the case is decided in the court to prove the ownership of the property and you have to file a partition suit for your share in the property please be aware that you have to pay requisite Court fees for the feeling temporary injunction as well as the partition suite

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Dear Sir,

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.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Your grand father is at liberty to execute will bequeathing property to his daughter ie your aunt 

 

2) it is not ancestral property 

 

3)you have no right to claim grand father property 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

1. Since this is the ancestral property of your grand father he can not deprive your father or you. Even if your father has consent in it , since you have share in it as well you have right to oppose it.

2. So to avoid any such circumstances wherein your share in the property is deprived of , you can file a suit for partition claiming your due share and injunction against  transfer in the meantime.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Property   becomes ancestral if it passes down undivided from great grand father to great grand son. From the facts mentioned in your question, the property in question has not yet become ancestral. Hence nobody shall have any right to the property during life time of your grandfather. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Property which has remained undivided for four generations is ancestral property 

 

2) in present case great grand father executed will bequeathing property to your grand father 

 

3) grand father can during his lifetime sell the property or bequeath it to whom soever he pleases 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

Great grand daughter shall have equal right as to other in the property of great grand father if remained undivided. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Dear Sir,

A grandchild does not have any birth right in the self- acquired property of his grandfather if it has been allotted to his father in a family partition in his capacity as legal heir and not as a coparcener under the Hindu Succession Act 1956. The grandfather can transfer the property to whoever he desires.

If the grandfather inherited property from his father or ancestors then huf law applies wherein the property belongs to the grandfathers wife, and after her death to all chikdren in equal shares male and female, and in those cases where the child tp inherit dies then the relevant grandchildren in equal shares male and female.

However if the property is earned by the grandfathers own money then the grandfather can leave it to anyone he pleases if he leaves a will.If he leaves no will then again the property will be equally divided to all children and cases where the child is dead, the relevant grandchildren get an equal share of the property

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Yes upto 3 generations the heirs have share by birth in the ancestral property of forefather. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

He grandfather is still alive than he can do anything with his property which he had got as a WILL. 

 

If he is not alive than grand daughter has her share in the property.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

No the property acquired by grand father is by will.you have no right of any nature on said property.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

No she has no right on the property. She can just ask maintenance from her father.

The property is.of.self acquired nature great grandson also have no right grand father can freely transfer it.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

-  As per law, If the grandchildren are coparceners, they have a birth right in the property of the grandfather. 

- Hence, your grandfather cannot transfe all the property to his daughter only without your or your fathers consent.

- Since your father is not ready to ask for his share , then you have legal right to ask his share in the property.

- For getting your share , you will have to file a suit for partition in the court , under the gaurdianship of your mother , with an application for restraining your grandfather to transfer the property till the finilasation fo the case.

- Dont worry , you will get your share as per law.

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Even grand daughter has equal right over it

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

See the property was paritioned and inherited by will still no share is there .

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes you have full right as explained

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

1) it is not ancestral property 

 

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

 

3) you have no share in property as grand father can during his lifetime transfer or bequeath property as he pleases 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

In this case you as great grand daughter will have rights in the property as per Indian Succession Act. Just need to send them a legal notice and property partition and tell them undivided share of yours.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. IT ALL DEPENDS WHEN THE SUCCESSION ACTUALLY OPENED

2. IF YOUR GF GOT THE PROPERTY UNDER HIS FATHER'S WILL PRIOR TO 1956 [WHEN HINDU SUCCESSION ACT, 1956] WAS NOT IN FORCE, THEN ON THE VESTING OF THE PROPERTY ON YOUR GF UNDER HIS FATHER'S WILL, THE PROPERTY WHICH YOUR GF GOT THEREBY WOULD BE REQUIRED TO BE HELD BY HIM AS ANCESTRAL PROPERTY IN HIS HANDS VIS A VIS HIS MALE DESCENDANTS AND ON AND FROM 2005 HIS FEMALE DESCENDANTS AS WELL

3. THEREFORE IF YOUR GREAT GF DIED PRIOR TO 1956, THEN THE PROPERTY WILL DEVOLVE BY SURVIVORSHIP ON HIS MALE ISSUES AND FROM 2005 ON HIS FEMALE DESCENDANTS AS WELL WHICH INCLUDES HIS GREAT GRAND-DAUGHTER, PROVIDED HER FATHER WAS ALIVE ON 2005

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

No you don't have any right over property of your grandfather if he has inherited the property from his father through will because the property after transfer through will is considered as self acquired property of owner.

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

The property acquired by your grandfather from his father by Will shall become his own and absolute property.

Legally speaking your grandfather need not seek permission or consent from your father to transfer his own and absolute property to anyone of his choice.

 

This is not an ancestral property that you can claim a share in it as a right.

The decision by your grandfather to transfer the entire property to his daughter cannot be challenged in any court.

No suit seeking any share in it will be maintainable.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Neither great grandson or daughter has any right over the property that belonged to great grandfather, who in turn had transferred the same to his son, i.e., grandfather and the said grandfather is alive and enjoying the property which now becomes his own and absolute property.

Therefore the grandfather who is in possession and enjoyment of the property acquired through his father is authority to his property, hence he can transfer his proeprty to anyone of his choice and for that he need not take any consent or permission from anyone, therefore the great grandchildren cannot stake any claim in it as a right.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

You do not want to understand the law involved in it.

This is not an ancestral nature of property so that the great grandchildren can claim any share in it as a right.

This property has been acquired by your grandfather from his father hence this do not fall into the ancestral property category.

In fact your father himself is not having any rights in the property not at least during his father's lifetime.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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