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sale of ancentral property

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15 August 2009

can a grandson, who is living sepratly with his mother, from her fathers family, can claim share from the sale proceeds of his grandfathers coparcnary poperty?
the grandfather sold the coparcnery property and now the grandson wants his share in it, is there any law in haryana for doing so, if the grandfather makes will for the sale prodeeds of coparcenary property, then can the grandson claim so?
kindly give law in which the grandfather avoids so, because grandfather dont want to give share in sale proceeds to grandson

n.k.sarin (Expert)
15 August 2009

The grand son can claim his share in the sale proceed. Everybody can make a will but only for his share in the property.

charudureja (Expert)
15 August 2009

A coparcenary property belongs to all the coparcenors and none has absolute power on it. here the grandfather cannot sell the coparcenary property without the consent of other coparceners. if a coparcenary property has been sold then all the other coparcener's have right on the proceeds of property. it is immaterial whether the grandson is living with the family or living separately with his mother. he still is coparcenor.

Y V Vishweshwar Rao Online (Expert)
15 August 2009

Mr Sarin You are right , even Kartha/ Elder / Grand Father - of HUF -can not dispose under a Will more than his share , he can not deprive the Grand Sos's Rights & Share , on account of family relations !

ad. creaminall (Expert)
15 August 2009

why the grand son living separately with his mother? what about his father? this details may affect the dispute otherwise the grand son can claim his share in the sale proceed and i agre with Mr. sarin

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