• Grandson's right in grandfather's property

Is there any law where grand sons or daughter have any right in grand fathers property,after the demise of grand father and there is no registered will by grand father for his sons.
Asked 1 year ago in Property Law from Howrah, West Bengal
Religion: Hindu
1) grandsons have no right in self acquired property of grandfather 

2) on grand father demise intestate his property would devolve on grandmother , his sons and daughters 

3) during lifetime of his children grandsons have no right on grandfather property 
Ajay Sethi
Advocate, Mumbai
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The birth of a person does not entitle him to claim share in the property of his father/grand father if he is from Bengal.Assam. Orissa region who are governed by Dayabhaga School of Inheritance. In other words as long as father/grand father is alive son/grand son can not claim share in his property.
Devajyoti Barman
Advocate, Kolkata
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54 Consultations
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1) On grandfather and grand mother death each son / daughter would have one sixth share in property 

2) on demise of son and daughter their one sixth share  would devolve on their wife or husband and their children 

3) other legal heirs should file suit for partition to claim their share in property
Ajay Sethi
Advocate, Mumbai
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1216 Consultations
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Is there any law where grand sons or daughter have any right in grand fathers property,after the demise of grand father and there is no registered will by grand father for his sons.

If this was the grandfather's self acquired property and the grandfather died intestate, his entire property wll devolve upon all his class I legal heirs only.  
As per Hindu Succession act, Section 8: General rules of succession in the case of males. - The property of a male Hindu dying intestate shall devolve according to the rules set out in this chapter:
(a) firstly, upon the preferential heirs, being the relatives specified in Class I of the Schedule;
(b) secondly, if there is no preferential heir of Class I, then upon the preferential heirs being the relatives specified in class II of the Schedule;
(c) thirdly, if there is no preferential heir of any of the two classes, then upon his relatives being the agnates specified in Section 12; and
(d) lastly, if there is no agnate, then upon his relatives being the cognates specified in Section 13.

Class I heirs:-

The property of a Hindu Male dying intestate would be given first to heirs within Class I. They are:
i. Mother,
ii. Widow,
iii. Daughter,
iv. Son,
v. Widow of a predeceased son,
vi. Son of a predeceased son,
vii. Daughter of a predeceased son,
viii. Widow of a predeceased son of a predeceased son,
ix. Daughter of a predeceased son of a predeceased son,
x. Son of a predeceased son of a predeceased son,
xi. Daughter of a predeceased daughter, and
xii. Son of a predeceased daughter.

Some new heirs are added by Hindu Succession (Amendment) Act, 2005. They are:

i. Son of a predeceased daughter of a predeceased daughter,
ii. Daughter of a predeceased daughter of a predeceased daughter,
iii. Daughter of a predeceased son of a predeceased daughter, and
iv. Daughter of a predeceased daughter of a predeceased son.
T Kalaiselvan
Advocate, Vellore
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My grand father and grand mother both died,he had four sons and two daughter,one elder son and elder daughter died,who will enjoy his property..and there is no registered will two brothers are enjoying his share by force now what is the legal remedy

As per your narration, all the children of your grandparents are the class I legal heirs and they are all entitled to a legitimate share in the intestate properties left behind.  Now the legal heirs of the deceased legal heirs are entitled to their respective shares, they can claim it through a partition suit, consult a local lawyer. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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Your grand father's property is devolved on his death on his surviving sons and daughters in equal shares.
Devajyoti Barman
Advocate, Kolkata
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54 Consultations
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If the grandfather has died without will then his property will devolved through succession on all his children. The grandchildren have no share in the property of their grandfather as long as their father/mother is alive. If the children of the grandfather are also dead then the share of the deceased children will devolve on their surviving children who can cull it out by filing a lawsuit for partition. However, during the lifetime of parents the grandchildren have no right to claim a share in the property of the deceased grandfather.
Ashish Davessar
Advocate, Jaipur
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447 Consultations
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