• Self acquired property of my grandfather

Sir,We have 5 acres of land near Hyderabad (50km far) which was self acquired my grand father in 1975.Later my grand father died in 2000 ,later the property was given to his wife (my grand mother)(in this case as she is a wife of him,does the property is called self acquired or not?).later in Feb 2016 my grand mother has registered the property on my name(son's son).I also got passbook.But after 3 months my mother-in-laws filed a case against the property.Sir please tell me whether we need to worry or not.Please tell me as they also own much more property than us but they want our's property too.My grandmother had given dowry too.but they need again.Sir please tell me in the above case who will win.Kindly reply me soon sir.
Asked in Property Law from Hyderabad, Telangana
Religion: Hindu
1) on grand father death intestate 5 acres of land would devolve on grand mother and her children equally 

2) your grand mother is not absolute owner of the property 

3) grand mother can gift  only her share in property in favour of grand son 

4) grand mother daughters have share in the property
Ajay Sethi
Advocate, Mumbai
28583 Answers
1551 Consultations

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1. On his demise all his legal heirs i.e  widow and children succeeded equally to his property. The respective shares which every heir got on succession constituted his separate property which is at par with self acquired property. Your grandmother could give away only her share to you, not beyond it. 

2. It is not clear from your statement as to in what capacity your MIL has challenged the settlement in your favour. If the case has been filed then you need to contest it. 
Ashish Davessar
Advocate, Jaipur
19896 Answers
520 Consultations

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Since your grandfather's self acquired property was transferred in your grandmother's name after his death, it becomes her own and absolute property.
As your grandmother transferred the same in your favor, it becomes your own and absolute property.
Nobody including your own grandmother has any rights in the property now acquired by you.
Your mother in law cannot claim any share or has any right in the property, you can properly challenge her case.
You have more chances to win the case.
T Kalaiselvan
Advocate, Vellore
18770 Answers
176 Consultations

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