Right's of grandfather's property to grandson!
Praveen
(Querist) 27 October 2018
This query is : Resolved
Hi
Since i have posted the information anonymously earlier without knowing the rule of this platform, am reposting with my identity!
My Grandfather's property is in Dharmapuri, Tamil Nadu, after his death, the property was transferred to my grandmother! They have one elder son, who is my father and five sisters, the husband of last sister convinced my innocent and illiterate grandmother to transfer the entire property to his wife without the knowledge of my father who holds responsible for the property!
After this incident, my father cancelled that registration and retransferred the property to his name as family settlement and later settled the shares to all his sisters! Being a retired central government employee as deputy director he haven't earned a single piece of asset and never spent money for family, spent a lot for his pet son and spent some for his pet daughter and the last one, me, never cared and there the relationship between father n son started to break! Being a typist in state government my mother supported and i have completed MBA!
To marry a girl whom I love from my school days, caste problem raised and my father dint helped me in any situation! To sort out the caste issue, and without disturbing my mother and to achieve big, started searching and found 100% scholarship for pilot training and won it in merit!
During the initial stage of the toughest course, my girl's parents tortured her, harassed her mentally oly due to the caste issue, and they dont know about the pilot course or career! All these problems mentally disturbed me and made to quit the course for time being and marry her! We lead a peaceful life and planned to start an export unit, with proper qualification and experience, applied for subsidy loan of 50 lakhs from the government and it was sanctioned, to utilise this loan needed security and requested to my father, he dint support!
My father never earned any asset, never supported for family, his lakhs of monthly salary, his lakhs of retirement benefits and lakhs of money from sold properties no one in the family knows where it gone,� he is paying about a lakh as interest for his loans even today! To tally this secret, he is saying to all our relatives, that he spent for my pilot training course! Doubting on his activities, I have enquired with his close friend who is a lawyer and come to know that he was a gambler, then i understood where all the money would have gone!
No support for the family, no wealth creation, still paying interests for loans after retirement! Not supporting in any serious situation of mine! With my wife's only support I came back to complete the pilot course, here starts the next trouble, my flight classes which i have completed already is valid for 5 years and it is expired now, to compensate the expired flight classes, I needed 10 lakhs and explained to my aviation knowledge less father, he is not supporting!
Now I don't have any option, kindly suggest me that do i have rights in my Grandfather's property which is without any will transferred to my father's name currently, if i do, i wanted to claim it and need to complete the course n set my career and free my struggling wife! I have searched in different sites about the same issue, some answered according to hindu succession act, 1956, if the ancestral property is transferred without any will from grandfather to father, the grandson has rights to claim and some answered as no right to claim! Am planning to file a suit based on the situation explained above, kindly request the experts to guide me with your valuable knowledge!
Thanks in advance!
KISHAN DUTT KALASKAR
(Expert) 27 October 2018
Dear Sir,
The Said Property does not come within the definition of ancestral property. For more clarification please see the following example.
What does the grandparent's property law in India state? Does the grandson own the right to the property?
All property's owned by a Hindu person devolves onto his class one legal heir's.
Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir)
Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally.
Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.
Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.
Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.
To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner.
Hope this brings some clarity to your question and your sense of entitlements.
Please mark “LIKE” if satisfied by my answer.
Isaac Gabriel
(Expert) 27 October 2018
Be crisp in explaining.You should consult lawyer before venturing any action as there seems controversy in deciding the lawful rights.
Praveen
(Querist) 27 October 2018
Mr. Kishan Dutt, Thanks for your explanation sir! You have cleared me about what is ancestral property and the entitlements, that i dont have any rights to claim in grandfather's self acquired property!
Praveen
(Querist) 27 October 2018
Mr. Isaac Gabriel, Thanks for you advice! Before coming to this platform, I have consulted a local lawyer, with whom I dint get any convincing explanation, they dint even advice me whether do i have rights to claim, they have shown interest to start the case without informing what are all the documents needed prior to the hearing! I hope if all the required documents, like certified EC, certified Property Deed, property map, patta are ready, time can be saved and i very much concerned about time because of my tough situation!
