Does my son has rights in his grandfather propery?

JOTHIKUMARAN (Querist) 23 February 2014 This query is : Resolved
Dear sir,

My father has a prestigious house. he refuse to share the property with me and my sister. Does my 3 months old son has rights to claim the property? if so, when and how ? My sister is married and well settled and having twin daughters. looking forward for your kind advise.

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T. Kalaiselvan, Advocate (Expert) 23 February 2014
If it is your father's self acquired property, nobody have any right over the property to claim any share during his life time and since he is the absolute owner, he can dispose the property in any manner he desires to. How did he acquire the property?If it is your ancestral property, you also have a share on the property and claim or seek partition in it.

Dr J C Vashista (Expert) 23 February 2014
Your son can have share in his grandfather's self acquired property after his death, if he (your father) dies intestate, and not during his lifetime.

Rajendra K Goyal (Expert) 23 February 2014
Agree with the experts, if the property is self acquired by your father, you or your son has no right in it during his life time. If he does not dispose it during his life and expires intestate, you would get share along with other legal heirs.

If you think the property is ancestral, please mentioned the details how it came to your father?

ajay sethi (Expert) 23 February 2014
if your father is absolute owner of the house he is not bound to give you and your sister a share . he can bequeath the said house by will or execute gift deed or sell the house . only if your father dies intestate would you and your sister have any rights on said house .

it is better you work hard and build your own house rather than eyeing your father house

Rajeev Kumar (Expert) 23 February 2014
Agree with experts and no cause to differ.

prabhakar singh (Expert) 23 February 2014
I fail to understand meaning of adjective 'prestigious'used by you here.

Only because grand children are born to your father,no claim from them accrues against his self acquired properties.They would be able to claim against you and your sister only when your father dies intestate leaving the house in question undisclosed off during his life.
In case your father inherited the house in question from your grandfather who died intestate and during his life you and
your sister were born,you as well your sister can claim 1/3rd each and 1/3rd would be that of your father while in 1/3rd of your's your son has a claim of 1/6th.

Biswanath Roy (Expert) 23 February 2014
Your query is confusing and vague. It is not clear from the query whether or not the property in question is self acquired of ancestral IF THE PROPERTY IS SELF ACQUIRED then your father can give it to any body either by Will or Gift etc. WHEREAS if it is ancestral then you and your sister has a claim over it and naturally your child also has a claim over it.