Right of Grand daughter on grandfather's property
Ramakanth
(Querist) 26 November 2018
This query is : Resolved
Hi Sir/Madam,
My wife's grandfather registered his acquired land on my wife's name as a gift and he clearly mentioned that He or his successors can't claim on that land.Now my wife's brother demanding that all his grandfather's land should be converted on his name. My father in law is alive. Please tell me whether he can claim on that land or not and if he can claim what will be the share of each?
KISHAN DUTT KALASKAR
(Expert) 26 November 2018
Dear Sir,
During the lifetime of your father-in-law nobody claim those properties. If he dies without executing any registered document then only his children are entitled for properties. The ancestral properties will be shared by legal heirs but the above property does not fall under the definition of ancestral property which is defined as follows:
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Dear Sir,
What does the grandparent's property law in India state? Does the grandson own the right to the property?
All property's owned by a Hindu person devolves onto his class one legal heir's.
Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir)
Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally.
Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.
Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.
Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.
To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner.
Hope this brings some clarity to your question and your sense of entitlements.
Please mark “LIKE” if satisfied by my answer.
Vijay Raj Mahajan
(Expert) 26 November 2018
The gift deed if already registered in the your wife's favour it becomes the sole property of your wife. Anyone who objects to the transfer can approach the civil court but if the donor of the gift is living the validity of the gift becomes difficult to prove as the donor will always show his free willingness for making such gift to the donee.
SHIRISH PAWAR, 7738990900
(Expert) 26 November 2018
Self acquired property is gifted by your grand father then your brother cannot have share in gifted property.
Dr J C Vashista
(Expert) 28 November 2018
I agree with expert Mr. vijay Raj Mahajan, the property acquired by your wife by virtue of a registered "Gift Deed" is final and irrevocable (unilaterally) or challenged by her brother.
kavksatyanarayana
(Expert) 28 November 2018
The property of your wife's grand father is self acquired and he gifted the same to your wife. so there is no problem.
