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chinmay sahoo (ce(m))     29 October 2009

property rights

after the death of my grand father in 1945, his self acquired property was partitioned among his two sons & wtdow. his widow ( my grand mother) died in 2000. who have the rights to her property? she has left behind two sons, eight grand sons & three grand daughters. The two sons (my father and his brother) wants to sell off the property and share the sale proceeds between them only and do not want to share the sale proceeds with their children ( the grand children of the widow). i am one of the grand children. can i stake a claim to the property? do they need our signature for selling the property? do the grand children have any right to the property? basically we, the grand children want ashare of the property or sale proceeds.

csahoo



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 4 Replies

Suchitra. S (Advocate)     29 October 2009

Chinmay ji, since it was self earned proerty of your grand father, grandchildren dont have any rights in that proerty.

chinmay sahoo (ce(m))     29 October 2009

The property came to my grand mother through partition after the death of my grand father .After the death of my grand mother,will it be not treated as ancestral property?

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     29 October 2009

After formal partition your grand ma became its owner in possession, the property in her inheritance has gone in favour of your father and your uncle. The property in the hands of your grand ma is self acquired so grand children have no role or share in any property left by her. Only her legal heirs (your father and your uncle) have exclusive right in her property and they can sell it, if they desire without interference from any quarter including you and all other grand children of your grand ma.

chinmay sahoo (ce(m))     30 October 2009

DEAR SIR,

WHAT RIGHTS DO I HAVE OVER THE ANCESTRAL PROPERTY INHERITED BY MY FATHER FROM MY GRAND PA.? WHAT RIGHTS MY STSTER ( MARRIED IN 1965) HAS ?


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