• Right of claim on my father's property

My Father has Around 6 Acres of Property in a Prime Location in South India. 80% of the Land was purchased by my Grandfather. Before his Death he made 3 settlement Deeds and transferred it to my Father. Now to my understanding All the Property Acquired by my Father i have no right of claim as he can dispose or transfer it to anyone he feels or wants to. But what about my Grandfather Property and what right of Claim i have on that. I also have 4 younger Brothers. Due to internal Misunderstandings i am being forced out of a Family business which i am ready to move out. But at the same time i dont want to be left out of what is rightfully mine. There is a fair amount of Threat going in this issue which is why i want to see if there is a way before i move on.


Note : My father was the Only son for my Grandfather
Asked 7 years ago in Property Law
Religion: Christian

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4 Answers

1) once gift deed has been made by your grand father in favour of your father he would be absolute owner of said property

2) you dont have any share in grand father property . on his demise your grand mother and father would be only legal heirs

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

1. Your father is the rightful owner of his demised father's property.

2. You have no right, title or interest on your father's or demised grandfather's property during the lifetime of your father.

3. It will be prudent on your part to amicably settle the differences with your father in your own interest.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

The property which your father got through settlement made by his father constitutes his separate property which is at par with his self acquired property, which he can dispose in the same manner as his self acquired property unless the settlement made by your grandfather comes with attendant fetters.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

All the Property Acquired by my Father i have no right of claim as he can dispose or transfer it to anyone he feels or wants to. But what about my Grandfather Property and what right of Claim i have on that.

Upon acquiring his father's property your father becomes the absolute owner of them too and he can decide about its disposal in the manner and his own will and wish. He can transfer/sell/gift/settle it to anyone of his choice. You do not have any right to question his decision on it

There is a fair amount of Threat going in this issue which is why i want to see if there is a way before i move on.

Since you have not earned this property you do not have any rights in it.

Your father's father transferred his property to his son on his own volition thereby your father becomes the absolute owner of the property earned as well as inherited.

If at all he would like to transfer a portion or share in the property you can acquire the same otherwise you cannot claim any right over it, this is the position of law.

Dont waste your time, energy and money on unnecessary litigation which you will never succeed since there is no provision on law to claim a share as right during your father' lifetime.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

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