Inherited property

Lakshmipriya (Querist) 04 January 2013 This query is : Resolved
Hello Sir/Madam,

The Grand father purchase a land in his name and dies without writing any WILL. Grand Father wife also expires before he dies. The Grad father had only one Son(currently living) and 3 grand sons( Son's Sons).

I would like to know, who are legal hires for the above said property and what is their share?

Thanks,
Lakshmi.

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Devajyoti Barman (Expert) 04 January 2013
Father and his three sons are its equal co sharers.

Lakshmipriya (Querist) 04 January 2013
Thank you Sir. Btw the properties are not yet divided between the father & 3 sons.

I would like to see if anyone else has different thoughts.

My husband's Brother is an advocate (one of the 3 sons) says that, as per Hindu law my father-in-law( Grand Father's son) is a sole owner and can do whatever he wants. my husband or his brother doesn't need to sign if the property has to be sold.

Appreciate any response in this regard.

ajay sethi (Expert) 04 January 2013
it is ttrue that on death of grand father his son becomes sole owner of property . son can by will bequeath property as he desires or sell the property

Raj Kumar Makkad (Expert) 04 January 2013
I completely differ with the opinion of Barman. The sole son has absolute rights over the property left by his father as the same was his self acquired. grandsons have no right during the life time of their father.

Lakshmipriya (Querist) 05 January 2013
Hi Sir,
Under what circumstances the Grand Son can claim a share, in above condition? Is there a way?
thanks,
Venky

adv. rajeev ( rajoo ) (Expert) 07 January 2013
son is only surviving legal heir of the deceased. So he inherits the property of deceased. In the father's share 3 grand sons can claim their share, wife( mother of the sons ) has got one share.

R.K Nanda (Expert) 07 January 2013
each LR have 1/4 share in said property.

Raj Kumar Makkad (Expert) 07 January 2013
*rajeev & Nanda! I think you both have ignored that the property was purchased by the grand-father of the querist and thus on his death, his sons inherited the same property but still the property has not become ancestral. This is personal property of the father of the querist to which he can dispose off in the manner in likes and thus grandsons have no right thereon. Please go through Hindu succession Act in this regard.

Lakshmipriya (Querist) 07 January 2013
Thanks for your reply in this regard. I understand the father will get the property and dispose the way he would like to.

If there is any way the grand son can claim a share, i would like to know. I can call/ meet up with you & consult further, if this is possible.

Raj Kumar Makkad (Expert) 07 January 2013
If the property was purchased by grand father and the evidence exists as such then there is no scope for the grandchildren in the property legally though this is the desire of your father to make partition at this stage. Law shall not change in personally meeting.