Does children of daughters have share in grandfathers property
rajkumar
(Querist) 29 December 2012
This query is : Resolved
Iam Rajkumar from bangalore. My Mother's Father had 2 daughters and a son.
My GrandFather went missing 20 yrs ago, no missing complaint was registered, no whereabouts were checked!
My mother died, his sister died,her brother too is dead!
Half the portion was sale deeded to my Father(SON-IN-LAW),he is not letting me to do anything in that share.
My question is
will i have Rights of that half portion which is still in my grand fathers name, my grand mother too passed away.
My mother's sis in law(brothers wife) has a son, now they are trying to sell that half portion.
what will be my position, am i entitled for a portion of that. MY Father listening to them denying his portion also
Since my father got sale deeded, has he full rights for his portion! Iam living in small room and allowing me to not renovate he is 68 yrs old
Please find me a solution!
Does all grand children irrespective of sons or daughters children have rights to grandfathers property!
Anirudh
(Expert) 29 December 2012
Your query has to be answered in the following manner:
1. Where your grand father has executed a sale deed (half portion of the property) in favour of your father, that portion is the exclusive personal property of your father.
2. That means, we are now concerned only with the remaining half portion of the property.
3. In this regard, first it has to be determined, whether your grand father died first or your mother.
4. If your grand father had died first, then your mother would have got 1/3rd share by way of inheritance from the half portion of the property. Upon the death of your mother in such circumstance, the property which would have come to her share will go by way of inheritance equally to her son, daughter and husband.
5. In case your grand father had died later than your mother, then in that case, the sons and daughters of the pre-deceased son or predeceased daughter will have equal share by way of inheritance. (In this case, your father will not get any share.)
prabhakar singh
(Expert) 29 December 2012
I have no other opinion than one expressed by Mr.Anirudh.
Raj Kumar Makkad
(Expert) 01 January 2013
I also endorse the perfect reply of Anirudh.
