Can grandson be a legal heir of grandfather's property
My father had a partition and got his share and out of which he sold out half of the property.now i have a dispute with my father so can i claim partition in left out property and as well as in sold out property? please note that not even a single property is self acquired by my father. what about the cash amount he got by selling previous grandfather's properties? can i claim on that amount too? in my family there is my mother and elder sister and my self therefore while doing partition how many shares will be done by court?
Asked in Property Law from Nagpur, Maharashtra
1) I presume it was self acquired property of your grand father
2) once a partition is made your father would be absolute owner of his share of property
3) you have no share in property standing in your father name
4) your father is free to dispose his property as he pleases
5) you cannot claim cash amounts received by your father on sale of grand father self acquired properties
If the property inherited by your father through a partition deed was your grandfather's self acquired property, then your father will be an absolute owner of such property. nobody including your mother or anyone can claim a share or right in his share of property during his life time and if he has made any arrangement for its disposal after his demise, nobody can file any suit or case to nullify his decision. .
You do not have any rights in your father's share itself, so a share in the property belonging to your grandfather is not at all possible and not tenable in law. .
1. After the partition the share which your father got is at par with the legal character which would have been enjoyed by his self acquired property. During your lifetime you have no share in the property which your father acquired out of his own funds or which he received through transfer or partition.
2. You also have no share in the sale proceeds which were pocketed by him through the sale of the properties owned by his father.