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Discussion > Property Law > Disputes > Rights on ancestral property   Unanswered Threads Post New Topic

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There are 10 Replies to this message


k jagadeesh


-
[ Scorecard : 114]
Posted On 05 October 2009 at 16:31 Report Abuse

My grandfather's property is due for sale now.My grandparents both have died without leaving a "Will".  My mother is alive.As son,  what are my rights on this property?



AEJAZ AHMED


Legal Consultant/Lawyer
[ Scorecard : 12176]
Posted On 05 October 2009 at 17:04 Report Abuse

Dear Jagdeesh,

Your Question is not clear and in details about the "legal heirs" of your Grand-Father.

If the property of the grand father was his self acquired property then this property shall devolve to all his " legal heir "  if he died intestate.

The grandson is not legal heir if his " Father " is alive.

In case father of the grandson died before the death of grand father then grandson being son of the " predeceased son"  get the share in the property which his father would have got if alive.

If your father is alive then you dont have any right till you attain Majorityt.  After attaining majority you can ask and demand  for your right in the property.

Therefore your query is not clear about :

(i)  Legal Heirs of your Grand-Father ;

(ii) Your " Father " whether alive;

(iii) Your Age, whether you a Major OR Minor.

So without the about details no body can advise and suggest you rightly as required by you.  

 



Total thanks : 1 times

Jignesh


Deputy Manager
[ Scorecard : 36]
Posted On 05 October 2009 at 18:10 Report Abuse

As per the Will,particulars of the ancestral property has been documented.My grandfather has 8 siblings.five son and three daughters.all the daughters have married for more than 25 yeras ago.The rights to ancestral [property have been clearly documented in th will which says that all the ancstral property will be shared equally by 5 sons.

the Question i want to ask is that whether my 3 aunts (i.e 3 daughters of my Grand parents)can claim their share in the property as per the Hindu Law Act?     

Kindly clarify..


Isaac Gabriel


Private Practice
[ Scorecard : 3553]
Posted On 06 October 2009 at 12:04 Report Abuse

If the will is a registered one,it could be enforced.The question of share to the daugeters does not arise.


k jagadeesh


-
[ Scorecard : 114]
Posted On 06 October 2009 at 16:45 Report Abuse

Thanks very much to Mr.AEjAZ  AHMAD forc larification.  As mentioned by you, I am providing details as below: 1.Property is self acquired by my grandfather 2. Grandfather's one daughter is only alive.  All other sons and daughters have expired.3.  My age as grandson is 53.  4 the decesed sons and daughters have their children alive.  Could you enlighten me further on the legal heir position please?


AEJAZ AHMED


Legal Consultant/Lawyer
[ Scorecard : 12176]
Posted On 06 October 2009 at 18:41 Report Abuse

Dear Jagdeesh Sir,

Still your question is incomplete:-

as you said " All other sons and daughters have expired." 

It is not clear, when they died, either before to your Grand-Father, OR after him. 

n
Whatever it be, as per me the Legal Heirship for the present person is as follows:
 
If he doesn’t make a Will of shares, then, upon his death, his property will be divided amongst his Class 1 heirs.
n
 
His heirs will be his:
 
 
Sons
Daughters
Widow
Mother
Children of a pre-deceased son
Children of a pre-deceased daughter
Widowed daughter in law
Children of pre-deceased grandson

 In case there is no person, specified as Class 1 heirs, then property will be dividede among Class 2 heirs.

First, Your Mother only is having her Share in the Property left by your Maternal Grand-Father as " Class - I "  hier.

Then Next, the Sons and Daughters (Grand-Sons and Grand-Daughters except you) of deceased Sons & Daughters of Your Grand-Father can claim in the Property as " Class - II " heirs. 



Total thanks : 1 times

gaurav


designation
[ Scorecard : 60]
Posted On 24 July 2012 at 00:35 Report Abuse

my grandfather had a home and after his death it came to my grandmother's name and she too died in 1997 and as per her will property is being given to my father and my uncle equally.my father were 3 brothers and 2 sisters out of which one brother and daughter died before grandmother's death only.and in 1995 my mother seperated from my father and after that he is just sending 1/3 of his salary.we are 3 people(me,my mother and my sister) and he is having a good balance in pf too.he is getting retired in upcoming feb.now my question is that can we 3(me,my sis n my mom)get part of property before my father's death and part of his pf before his retirement.


Asmita Gupta


Engineer
[ Scorecard : 22]
Posted On 17 September 2012 at 16:45 Report Abuse

My grandfather died 10 years back. Can my grandmother change the will if the property is ancestral?


Pravin


engineer
[ Scorecard : 22]
Posted On 11 January 2013 at 02:52 Report Abuse

I am having 1 brother and 1 sister. My father died in 1940 and our ancestral property ( land) tranferred to my older brother. We are united till 1996. My mother died in 1996 and mutually we (me and my brother) divided the property. I stated using the ancetral property (land) of my share. However I did not registered my name on the property since I had very good relationship with my brother. My brother died in 2002 and in 2007 my brothers sons forcefully taken the ancestral property from me since I did not registered my name on the property even if I am using it.

I filed the case for registering my name on the ancestral property to Tehsildar Office and last year my name is registered on the property.

But now my brothers sons filed case at deputy collector office that no one can register the name on the property after such a long duration even if it is the ancestral property. And also tehsildar or prant do not have rights to add any name on the property.

Please guide me. What should be the next step I should take.

 

Thanks for the Help!


Varun Chopra


Manager
[ Scorecard : 22]
Posted On 25 November 2013 at 15:27 Report Abuse

Dear Sir,

My grandfather had purchased a property  in 1985 in Delhi,he passed way in 2010 survived with his wife aged 70,2 son. He has not left  any will stating his legal successors.Property is still in hi sname as on date.My father who is his elder son and is now 61 and his brother is 50+.

We have asked our grand mother to equally share the property but she denied. My question is :

1) if the entire property is transfered in my uncle( father's brother) by grand mother what are our options and is it possible without my father's NOC.

2) If my ill grand mother in futurer passes away ( God forgive) without deciding the share of the property then what are the options with us. I am also a adult trying to resolve this matter,

 

Looking forward for your guidance.

Regards

Varun



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