• Rights got by birth as in Hindu Succession Act

My grandfather got a property from his father and his siblings as partition deed in 1956, at the time of my grandfather death (1981) he didn't make any settlement or will for his partition property so my father and his siblings got final partiton through partition suit from court in 2002 , now does myself or my sister got any birth right on our grandfather's property(we two are the only children of my father).
Asked 3 years ago in Property Law
Religion: Hindu

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7 Answers

You both as children of father have absolute right to share in the property that has devolved on your father under the decree of partition in 2002. You can claim and have your share in the property. Issue lawyer’s notice  to family members seeking partition  and separate possession of property. After that file a suit in district Court for partition and separate possession. You will get your share.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

You don’t have any rights on property by birth 

 

on father demise intestate you and your sibling would inherit his property 

Ajay Sethi
Advocate, Mumbai
94690 Answers
7527 Consultations

5.0 on 5.0

Both of you have a right over the property. 

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

The share of property inherited by your father through a partition deed shall become his own and absolute property.

Since this is not an ancestral property you nor your siblings can claim coparcenary rights in the property 

Therefore neither you nor your siblings have any right for a share in the property at least not during your father's lifetime.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

Yes the grandchildren have a share in the property of the grandparents.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Dear Sir/Ma'am,

 

As per the Hindu Succession Act, 1956, grandchildren do not have any birth rights in the property of their grandfather. 

A grandfather is free to transfer the property to whosoever he desires during the course of his life.

However, if he dies without leaving a will, only his immediate legal heirs can claim the right to have a share in the property. Immediate legal heirs include, wife, sons and daughters.  

Anik Miu
Advocate, Bangalore
8851 Answers
110 Consultations

4.7 on 5.0

As your grandfather got his property through a partition with his siblings in 1956, the ancestral nature of the property was lost at that time forever. His share became exclusive and absolute from then on. After his intestate death in 1981, your father and his siblings got their respective shares through a court order. As such, neither you nor your sister has any right over your grandfather's property. You have a claim only on your father's share. Your father may either opt for a settlement or write a Will in favour of you and your sister, if he so wishes.

Swaminathan Neelakantan
Advocate, Coimbatore
2794 Answers
20 Consultations

4.9 on 5.0

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