Property rights
SHASHIDHAR A
(Querist) 29 February 2016
This query is : Resolved
Dear Sir's.
Have a query with regards to Property Rights of a Hindu grand child.
1. X has a inherited property from his ancestors in Mysore. This property has donated by erstwhile Maharaja of Mysore to X's ancestors and he got his share and constructed a house on his share.
2. Same X has a house in B.Lore which is a self acquired property.
X has only Daughter from his 1st Wife. Post death of 1st wife, he re-married. Unfortunately, she too passed away after some time. But he did not have any children from his 2nd wife. Again X married for 3rd time and she is surviving now and do not have any children from 3rd Wife.
At present X is survived by his 3rd Wife. Only Daughter and the only Daughter's has only one child again a Daughter.
The query is, whether X's Daughter and his Grand Daughter will have any rights, on his ancestor property or self acquired property.
If X decides to give his both ancestor and self-acquired property only to his 3rd wife. What rights do the Daughter and Grand Daughter will have on X's properties. If yes, and if either Daughter or Grand Daughter do have a share in X's property, how to claim it and under what Act's they can claim.
Request to share your views on the same. Thanks a ton in advance.
Shashidhar A
SURESH BV, Advocate
(Expert) 01 March 2016
Dear Shashidhar A
Assuming that the parties are Hindus, the Daughter will have her share in the ancestral property held by her father and he cannot dispose off the ancestral property without the consent of the daughter. During the life of the Father, the Father will have the sole and absolute right over his self-acquired property and he can dispose off the property according to his will and wish. If the father dies intestate (i.e without executing WILL, both the daughter and her step-mother will inherit the self Acquired property.
