Property share
sham sundhar
(Querist) 30 July 2014
This query is : Resolved
sir,
If "x" is a grandfather and died without any will leaving his ancestral property (not self acquired) but property was on name of "x"(grandfather)
His only son "y" is enjoying the property after "x" death and "y" doesn’t have any siblings to share property.
Now does “y”son (“X” grandson) who is a major get share in that ancestral property in life time of “y”?
Because “Y” is enjoying the property alone without giving share to son though he was major.
Agriculture land passbooks were updated on “Y” name after the death of “x” because he is only child.
But now weather grandson of “x” has right on property to claim because he got married and have his own family burdens?
no will was left by grandfather “x” when he was expired and still land records are running in name of grandfather, only passbooks were updated on “Y” name.
Is property law same to all states in India? And this is Hindu family.
ajay sethi
(Expert) 30 July 2014
hypothetical query
R.K Nanda
(Expert) 30 July 2014
consult local lawyer.
sham sundhar
(Querist) 31 July 2014
sir,
My question is not hypothetical because this is the situation I face today.
After my grandfather dies also father is not giving share in property.
God blessed us with some property and entire his life father didn't do any job or agriculture.
He simply sat at home and eaten what my grandfather gave to him because he is only son.
He want the same thing to be continued in next generation also. Then what is the meaning of life just eating by sitting at home?
I am educated and I do job in private company and side I want to start some business because my salary alone won’t enough for family maintenance and to st art business.
I value my ancestral property. Here my intention is not to sell that property but I want to take share and use it in some purposeful manner such as loan like that.
ajay sethi
(Expert) 31 July 2014
what basis you say property is ancestral? it appears to be self acquired property of grand father . as grand son you dont have any share in said property during your father lifetime . only if your father dies without a will would you inherit the property as one of the legal heirs
sham sundhar
(Querist) 01 August 2014
The property was ancestral because great grandfather has one son and daughters so, daughters and only son got married so he written on them and one this is sure the property was on the name of my grandfather even after he passed away.
ROHIT SHARMA
(Expert) 01 August 2014
Dear Mr. Sham Sundhar,
1. Well, if for sure such property ( moveable as well as immoveable agricultural property) is indeed ancestral then in that case you being the grandson of the deceased intestate you are deemed as a co-parcerner and not co-owner and thus you can file civil suit for declaration of your legal right of your share in such ancestral property and thereafter your name can be mutated in the record of rights of such property. Then later you can file another civil suit for partition and possession of your share in such kind of property.
2. After your grandfather's demise the name of your father as he being the legal heirs of your grandfather must have been recorded along with your mother's name and your name (even if you were a minor) at that time. Check this out with the village revenue records.
3. In case you want my contact details please click my name (expert) shown in the L.H. margin of this reply format.
sham sundhar
(Querist) 03 August 2014
sir,
thank you so much and will try to verify with revenue records
