• Right of granddaughter in grandfather's property

Dear sir,

Iam a married woman, my father inherited a property from my grandfather. Do I have a right in it.
Asked 4 years ago in Property Law
Religion: Hindu

3 answers received in 10 minutes.

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30 Answers

Yes. You do have a hereditary right on the ancestral property 

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

4.8 on 5.0

Not in his life time.

Is this intestate inheritance (GF to father) or testamentary succession (WILL). Do you have any child ?

Yogendra Singh Rajawat
Advocate, Jaipur
22654 Answers
31 Consultations

4.4 on 5.0

Yes....you have right in it

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You don’t have any share in property inherited by your father during your father life time 

 

2) on his demise intestate you would be one of the legal heirs

Ajay Sethi
Advocate, Mumbai
94790 Answers
7549 Consultations

5.0 on 5.0

Hello,

  1. Whether or not you have a right in the property inherited by your father from your grandfather depends on whether or not the property so inherited is ancestral or self acquired. For a property to qualify as ancestral it has to be handed down 4 generations undivided.
  2.  If the property odd ancestral you have a right in your share and if self acquired you have no rights during his life time

S J Mathew
Advocate, Mumbai
3548 Answers
175 Consultations

5.0 on 5.0

You have no share in said property during your father lifetime 

Ajay Sethi
Advocate, Mumbai
94790 Answers
7549 Consultations

5.0 on 5.0

Dear ma'am,

It looks like the property was self acquired property of your grandfather. If yes, then you do not have any right as long as your father is alive. It is you father's absolute property right now and he can deal with the way he wants to.

However, if he passes away intestate (without making a will), then you will get a share in that property.

Hope this helps.

Best wishes.

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

5.0 on 5.0

It became ancestral when your father received it as heir

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

4.8 on 5.0

You have no right in his life time.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22654 Answers
31 Consultations

4.4 on 5.0

1. Property inherited from Grand Father does not classify as "ancestral property" in any way.  Here property received by father  from his father, shall be legally classified as "self acquired property". 

2. Property must be atleast Four generations old to be classified as ancestral property.

3. While Father being alive, Children have no inherent right /stake /claim over Father's property.

4. IF Father dies without preparing WILL, THEN all his residual legal heirs (Wife, Children) shall have EQUAL stake /right /claim on deceased Father's property, irrespective of whether daughter is married or not married. 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Yes you do have the right in the same. But the same will accrued after the death of your father and in the case if he passes away without the will 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

The same would not qualify as ancestral property 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1. No father is absolutely owner of the property he received as inheritance from his father.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See you have no right on property in life of father in case of intestate demise of father I.e. without will and property is not transferred in life of father you may than claim your share.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Hello,

  1. In this case the property will be considered self acquired and therefore you cannot claim or demand a share from your father during his life time.
  2.  He had absolute discretion to gift or transfer or encumber the property as he desires.
  3.  In case he dies intestate that’s without a Will, You will have a share along with your siblings if  any and mother if she is alive then.

S J Mathew
Advocate, Mumbai
3548 Answers
175 Consultations

5.0 on 5.0

If your father is still alive or has died after 2005 then in the wake of amendments made in Hindu Succession Act the daughters have been given equal rights or share in the ancestral property as well along with sons.

In other words you have share in the property as well. 

Devajyoti Barman
Advocate, Kolkata
22839 Answers
490 Consultations

5.0 on 5.0

Yes you will have right in your fathers share if your father has not willed it to anyone

Prashant Nayak
Advocate, Mumbai
31964 Answers
180 Consultations

4.1 on 5.0

Madam, 

You have all the rights in the property and you are suggested to claim that. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Yes, you have right in grand father's property but when he it is for purpose of sell and partition. If its house then whom s ever have possession you can't ask them to vacant or partition it. 

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Your grandfather's property is not ancestral property.

Your father has inherited his rightful share out of his father's property.

This means he is the absolute owner of his share of property inherited from his father's property, it becomes his own and absolute property with clear and marketable title on his name alone.

Neither you nor anyone can claim any share out of your father's share in that property, at least not during his lifetime.

 

 

T Kalaiselvan
Advocate, Vellore
84991 Answers
2205 Consultations

5.0 on 5.0

Your father and his siblings have duly partitioned the property of their father who is reported to have died intestate.

Thus each of the shareholder shall be considered as an absolute owner in respect of their share in that property  and nobody can claim any share in that property as a right, at least not during their lifetime. 

T Kalaiselvan
Advocate, Vellore
84991 Answers
2205 Consultations

5.0 on 5.0

You have right of equal share in Ancestral Property being carried by your father from his father but No automatic right of transfer unless self acquired property has been bequeathed away by the testator as per Indian Succession Act.

Please state mode of transfer of self acquired property by your grandfather to your Father and Uncle.

I would definitely recommend solution and advice you for further action.

I am unable to understand how your father and uncle acquired the self acquired property of your grandfather specifically mode of transfer. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

- As per law, the grandsons or granddaughters have no right to inherit or claim any share in the property of the grandfather or grandmother if their own father or mother are alive. 

- Hence during the life time of your father , you cannot claim any right . 

- However, as per Supreme Court, now a daughter whether married or unmarried is having equal share in the Ancestral property i.e.  an equal share in such a property accrues by birth itself. Before 2005, only sons had a share in such property. 

Mohammed Shahzad
Advocate, Delhi
13264 Answers
198 Consultations

5.0 on 5.0

Dear Madam,

In your father’s hand it is considered as self acquired property. If he dies intestate that is without Will then you can claim it. Or during his life time get Gift deed or Will from him. After his death it will be devolved as follows.

Section 8 in The Hindu Succession Act, 1956


  1. General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—

(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;

(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;

(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and

(d) lastly, if there is no agnate, then upon the cognates of the deceased.

Class I heirs are

sons,

daughters,

widows,

mothers,

sons of a pre-deceased son,

widows of a pre-deceased son,

son of a pre-deceased sons of a predeceased son, and

widows of a pre-deceased son of a predeceased son.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Yes you are eligible. 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. The self acquired property of your grandfather in your father's and uncle's hands are considered as separate property having the characteristic of self acquired property.

2. You will have equal rights over the property, on par with your brothers, if your father dies intestate ( without executing a WILL ).

Shashidhar S. Sastry
Advocate, Bangalore
5128 Answers
314 Consultations

5.0 on 5.0

in your father life time you dont have any rights. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

if the property of your father is his self acquired/inherited property, then you cannot ask for any share..

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. The property inherited by a man becomes his separate property which is at par with his self acquired property.

2. During your father's lifetime you have no share in his property. He is free to alienate/bequeath it to anyone he desires.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. No because if your father is alive then you cannot claim any share till your father is alive. 

2. The property has attained the status if self acquired property of your father after transfer of ownership on his name through inheritance.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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