• Right on my grandfather's property

Dear sir/ madam,
 this is surekha orimpati from Hyderabad. my father was only son to my grandfather. my grandfather having two brothers.. after  my grandfather death .. the land of 30 acres are shear equally and registered. after that my father promise me to give two acres of land on my marriage. we are two .. myself and my  brother. now he is telling that i have no rights on the property that is his father property its belong to my brother only. one more thing my father purchased one flat  on my mothers name. please help me it i have any rights on my grandfathers property or on my mother property.
Asked 3 years ago in Property Law from Hyderabad, Andhra Pradesh
1) i presume it was your grand father self acquired property . on his demise once deed of partition has been made , duly stamped and registered your father is absolute owner of his share of the said property . he can bequeath land as he pleases . 

2) only if your father dies without a will would you have 1/3rd share in property 

3) as far as mother property is concerned your mother would be absolute owner of said property standing in her name . as on date you have no rights on said property

4) only if your mother dies intestate ie without a will would  you have any share in  said  property
Ajay Sethi
Advocate, Mumbai
44306 Answers
2572 Consultations

5.0 on 5.0

Hi, as the property is the ancestral property and it was bequeathed to your father by way of succession and you are entitled to 1/2 share in the property.
Pradeep Bharathipura
Advocate, Bangalore
4528 Answers
202 Consultations

4.3 on 5.0

a.  u have 1/3 share in said land of ur father after the death of ur father.

b.  u will have 1/2 share in mother flat after her death if she dies without a will.

c. as ur mother at present is full owner of flat she can give it to any person by way of will.
R.K. Nanda
Advocate, New Delhi
457 Answers

3.8 on 5.0

1. If the land in question was the self acquired property of your grand father i.e it was purchased by your grand father from out of his own sources of income the land passed on equally to his widow and your father after his demise. You have not mentioned whether your grand mother is alive or not and also whether she predeceased your grand father. If she is alive then your father is the owner to the extent of 50% of the land, the remaining 50% being owned by your grand mother. If your grand mother is dead your father is the owner of the entire land. He is at liberty to give the land absolutely or to the extent of 50% (if your grand mother is alive) to you by making a gift deed in your favour. Alternatively, he can make a will in your favour. If your father does not make a will or gift in your favour during his life time then the property would pass on to you, your mother and brother equally after his life time. 

2. Your grand father's brothers have no share in his property.

3. As regards the property purchased by your father in your mother's name, your mother is the absolute owner thereof, as such she can give the same by will or gift to any one she desires. Neither you nor your brother can claim a share therein during the life time of your mother.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

A.	After the demise of your grandfather that your father and grandmother would have equal share over the property subject to died intestate (without a Will). In your statement, after the demise of your grandfather 30 acre land was equally distributed and registered. To whom between shares was isolated equally?

B.	You cannot claim any right over your mother’s property during her lifetime, which was purchased by the father in the name of your mother. In case your mother died without make a will, then you and your brother will have shared.

C.	In case the property nature is ancestral or joint family property of your grandfather then you will have right over the property. And your grandfather’s brother has no right over that property.
B.T. Ravi
Advocate, Bangalore
831 Answers
55 Consultations

5.0 on 5.0

1. If it is your grandfather's self acquired property then your father is its rightful and absolute owner now,

2. You have no right on the said property during the lifetime of your father & if he passes on its title to your brother,

3. You have  share on your mother's property if she dies intestate.
Krishna Kishore Ganguly
Advocate, Kolkata
18151 Answers
438 Consultations

5.0 on 5.0

after September 2005 daughter is included in coparcenary system and she get equal right as the son. so you can claim equal share in the property as your brother has. your grandfather died without making any will. then your father has vested interest in that property. when you claim for your share you will get 1/3 share of the whole property which are vested in your father. every coparcenary has equal share in paternal property. your father has absolute right in his self acquired property so you can't claim for that.
Shivendra Pratap Singh
Advocate, Lucknow
4973 Answers
78 Consultations

4.9 on 5.0

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