• Grandsons right

My grandfather had properties but had no will he died in 1985.The partition was made only last year. MY father is alive and in partition he got his share. I have a sister who is claiming a share now when my father is alive.Is this correct and whether she has got any right over grandfathers property .It is belived that only grandsons have right over grandfathers property even more than his son .Pl clarify  All my grandfathers property was earned by him .This situation is from telengana state
Asked 1 month ago in Property Law from secunderabad, Telangana
Religion: Hindu
1) I presume it was self acquired property of grandfather 

2) on  his demise your  father inherited his share in property as his legal heir 

3) during father lifetime daughter has no share in property as it is not ancestral property 

4) only if  father dies intestate would daughter inherit her share in property
Ajay Sethi
Advocate, Mumbai
23296 Answers
1220 Consultations
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1. If the properties were the self acquired properties of your grandfather then those devolved through intestate succession on his children after his demise. During the lifetime of your father his daughter has no share in his property. Your father is free to sell, gift, mortgage or bequeath his share in the property of his father during his lifetime. If your father dies intestate then his share will further devolve on his widow and all children equally.

2. You cannot stop your sister from visiting her parents.
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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1) both son and daughter are responsible for maintenance of their old parents 

2) daughter has full right to express her viewpoint

3) you cannot stop your sister from taking care of her parents 
Ajay Sethi
Advocate, Mumbai
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1220 Consultations
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If your parents so desire they can obtain an injunction restraining their daughter from visiting them in old age home 

2) your parents can take their own decision in life 
Ajay Sethi
Advocate, Mumbai
23296 Answers
1220 Consultations
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It lies with both. No you cannot stop your sister from meeting or communicating with your father.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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once partition has been done it would be self acquired property of your grand father 

your sister cannot claim any share in grand father property 

your siter signtaure is not necessary but to avopid legal complaication purchaser would be insisting that sister sign the sale deed 
Ajay Sethi
Advocate, Mumbai
23296 Answers
1220 Consultations
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1. Grandchildren have no right on their grandfather's properties when their father is alive.

2. Children have no right on their father's properties, either self earned or inherited,  during the his lifetime.

3. so, your sister can not claim any share of your grandfather's properties which will be inherited by your father along with his siblings and his mother.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
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1. It will be best option if your father lodges a police complaint against your sister for her trying to force him to write a will in her favour and disturbing him.

2. If that is not possible, you can also lodge a police complaint to that affect.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
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1. You can not stop your sister from visiting her father in old age  home.

2. She can be stopped only if your father complains against her said visits.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
1. The moment your grandfather's properties were partitioned amongst his sons, the said property has seized to be an ancestral property.

2. hence your sister will have no claim on the said property.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
My grandfather had properties but had no will he died in 1985.The partition was made only last year. MY father is alive and in partition he got his share. I have a sister who is claiming a share now when my father is alive.Is this correct and whether she has got any right over grandfathers property .It is belived that only grandsons have right over grandfathers property even more than his son .Pl clarify  All my grandfathers property was earned by him .This situation is from telengana state

The legal position is that your grandfather's properties shall devolve upon his own legal heirs consisting his own mother, wife and children if your grandfather is reported to have died intestate.
In this neither you have a right nor your sister has a right in your grandfather's properties.
Especially during your father's lifetime nobody has any rights over his inherited/self acquired properties. .
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
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I am a heart patient had bypass surgery 2yrs back and I am 60 yrs . I and my wife are only there my children are away .As I am unable to look after my parents aged 87 ad 85 I have joined them in old age home and paying the maintenance from the property in my fathers name sold.My sister for want of money and in anticipation that no money will be left if spent in old age home she is frequently visiting the old age home and disturbing my parents and trying to change their mind in staying their.Is there  a way in stoping her from seeing them,

You cannot restrict your sister from visiting your parents at old age home
They too have rights to visit and take care of their parents.

T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
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To look after the parents in their old age and their interests  lies more with whom son or daughter? If it is with son  then can daughter interfere and create problems. so how to stop her.

Son or daughter have equal rights in taking care of their old age parents, but either of them can take them back to their own home instead of making them languish in the old age homes. 
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
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I came to know from my uncle that the property about which in have mentioned was not self acquired but my grandfather has inherited from his father after partion was made with his brothers.Does the situation changes now and how far are greatgrand childrens have right or are legal heirs.If the said property is fr selling with the wishes of my father who is alive is it necessary for greatgrand children  to sign the sale deed.The party is insisting but my sister is refusing to sign then what is the remedy .Pl clarify

Since your grandfather got his share of property out of partition fro his own siblings, it becomes his own property.

The grandchildren do not have any rights in that property.
Only your father has full rights in it.
Your signature is not necessary in the sale deed
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0

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