Father's property
Querist :
Anonymous
(Querist) 09 September 2011
This query is : Resolved
Hi,
Can grandchildern ask for share of grandparents property when grandparents are still alive. Do the grandchildren have the right to ask their grandparents property when the grandparents are dead, & if the property of the grandparents are sold. Then how can the grandchildren get their grandparent property?
R.Ramachandran
(Expert) 09 September 2011
No. So long as the grand father is alive, the grand father can do anything with his property. He can sell it. Dispose of it. He can give it in Gift to any Mandir or strangers. He can will the property to any third person. He is the master of his own property and he can deal with it in whichever way he wants. He has no obligation or duty to keep any property either for his children or for his grand children. It is only when some property is left behind by him at the time of his death, and if he had not left any WILL bequeathing that property to anybody, then and only then the legal heirs (his widow, son(s) and daughter(s)) will inherit the property equally. In case any of his son(s) or daughter(s) had pre-deceased him then in that event the children of such pre-deceased son/daughter will inherit. OTHERWISE NOBODY CAN HAVE ANY CLAIM OVER HIS SELF-ACQUIRED PROPERTY. As the grand father has earned his property, so every one (whether son(s) or daughter(s) or grand children) if they are capable have to earn their own properties. One cannot expect that their grand father or father has to leave anything for them.
adv. rajeev ( rajoo )
(Expert) 09 September 2011
Up to 3 degrees can claim the share in the ancestral properties.
If the properties are self acquired properties of the grandfathers then grandsons cannot claim any share, only after their death grandshons can claim their share in the share of their fathers.
Advocate M.Bhadra
(Expert) 09 September 2011
During the life time of grandfather,grandson can not claim the grandfather's property.If he died intestate and left the property in his own name then grandson can claim over the property.
prabhakar singh
(Expert) 09 September 2011
"Can grandchildern ask for share of grandparents property when grandparents are still alive."??????
NO is the answer.
"Do the grandchildren have the right to ask their grandparents property when the grandparents are dead, "??????
Not necessarily,if it was self earned property of grand father then it will devolve upon his issues as successors and not as survivors.
But if it was inherited by grand father and then came in hands of grand children's father,then along with father grand children also share it as coparcenary by rule of survivor-ship and have right to enforce a partition against their father.
ESTHERPRIYA
(Expert) 15 September 2011
It is true I agree with experts opinion
