Your 2 kids have no rights on grand father property
2) it is self acquired property and not ancestral property
3) your father can execute will bequeathing property to whom so ever he pleases
4) they have no rights on grand mother property
Right in Grandfather property
My father and mother bought a house jointly from their own income in 2008. I got married in 2010 and a daughter was born in 2012 and son was born on 2019. Just to confirm that this property is NOT ancestral. Q 1. Will my 2 kids have any right on the property of my father as i have heard that grandson have all the right in any property of grandfather. Q 2. But some says that only if the property was ancestral then only the right is there. Plz throw some light on this issue ? Q 3. If there is any rite, Does the right also fall on the property of grandmother ? Q 4. Only grandson have the rite or grand daughter also have any right ? Requesting to plz solve my 4 queries.
Asked 3 years ago in Property Law
Religion: Hindu
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7 Answers
Property in the hands of your mother and father is self-acquired. They can deal with it as they want. In their life time they can transfer the entire property to anyone. They can also execute a joint or individual will and bequeath the property to anyone including you and your kids. After father and mother without any will, property will devolve on you and in your hands it is ancestral property, conferring rights on your kids to claim share in the property. Daughter have equal share in the property with son.
1. No.
2. This is not ancestral property to your children.
3. No
4. No rights to any grandchild.
1. Since the property is self acquired property of your parents, during their lifetime, no-one would have any rights over the property, including your 2 kids.
2. If the property were to be Ancestral Property, then only your two kids had right since birth. But in the instant case, it's your parents' self acquired property and your kids will not have any right over it in the present circumstances.
3. There's no right in the instant case irrespective of whether it's grandfather or grandmother's property.
4. In the instant case, no right accrue to grandson or granddaughter. However, if it were to be Ancestral Property, both grandson and granddaughter shall have equal right.
- As per law , none having right to claim any share in the self acquired property of your parents during their life time.
- Further, as this property was purchased by your parents then it will not considered ancestral property for your kids.
- A property which is acquired by a great grandfather and passed down undivided to the next three generations up to the present generation of great grandson/granddaughter known as ancestral property .
- Further, in other words an Ancestral property is the one which is inherited up to four generations of male lineage without dividing and partitioning the property by the previous three generations.
Dear client all the legal heir has the equal right over ancestral property
you have right to the above same.
