Grandson's right in a property
S Sharma
(Querist) 02 March 2011
This query is : Resolved
My father-in-law had two small shops adjacent to each other. He bought both of them himself and was not an inheritance. He gave both of them to my husband's brother through a registered will. My father in law is no more. My husband also died recently. Can my son get a share in the said shops. I have also come to know that my husband's brother has sold one of the shops recently. But he has signed a rental agreement with the new owner of the shop and pays him rent by cheque every month. He has also changed the name of the firm and created a new firm to do the same old business. Do I have any legal recourse to make a claim on the said property for my son who is 20 years old as this is his grandfather's self earned property. The registered will was not challenged before by my husband or by me till today.
Guest
(Expert) 03 March 2011
Question of inheritance by the grandson arises on the existing non-transferred property only after the death of the owner. If the Grandfather had already transferred the ownership to some one when alive, the same cannot be claimed by the grandson now out of the ownership of his uncle. It would have been better to raise dispute before transfer of the ownership by your father-in-law to his other son.
It would however be better to convince the uncle of your son to share something with his nephew on moral grounds amicably, but not as a matter of right.
