Right in grandfather property
Querist :
Anonymous
(Querist) 25 March 2011
This query is : Resolved
Hi my name K and I am a law student
Recently my Uncle got expire younger brother of my dad. My father is 3 brother A,b,c. A being my father is the eldest brother followed by D sister of a,b,c. Recently unfortunately both B and C got expire C had one son from a divorced wife nd son is with the wife only. Now can you Please advise me that do C son can still claim on anscestrol property as his father had divorced and paid all the maintenace to the child.
please tell me under Hindu Family succesion Act as it will be helpful and I am delhi based
adv. rajeev ( rajoo )
(Expert) 25 March 2011
Yes he can claim his share in the share of his father's in the ancestral property
G. ARAVINTHAN
(Expert) 25 March 2011
"C" have equal right in your ancestral property as you have.
Though his mother divorced her husband, C can get right over the property
G. ARAVINTHAN
(Expert) 25 March 2011
"C" have equal right in your ancestral property as you have.
Though his mother divorced her husband, C can get right over the property
Querist :
Anonymous
(Querist) 25 March 2011
Hey Raju Thanks a lot for answering MY Query and please tell what if the Grandfather does not want to give any share to "C" and I guess if the will is already created by GF then it has to be distributed acc to the will.
Is there any remedy also that we can challenge the will by stating that the will has been created under pressure or somethng like that
R.Ramachandran
(Expert) 25 March 2011
Dear Anonymous,
I know, there is lot of confusion in this. One time you say that it is an'ancestral property', but at the other time you say that your Grand Father wants to Will the property. Both are self-contradictory.
For, if it is an ancestral property, and if it is still undivided, then all the co-parcenars i.e. all the sons and daughters are entitled for equal share. If it is an 'ancestral property' as originally stated by you, in your grand father's hands and then, if the said property is partitioned, all of them (i.e. your grand father, A,B,C, and D) will get 1/5th share of the property. Thus, the property that will fall to the share of the deceased sons 'B' and 'C' will go to their legal heirs in equal share.
However, your grand father can choose to do whatever he wants to do with his 1/5th share.
If it is not an ancestral property, and if it is the personal property of your grand father, then no one (including none of his sons and daughters) has any right in the said property and it is for your grand father to do whatever that he likes to do with the property.
Querist :
Anonymous
(Querist) 25 March 2011
Dear R.Ramachandran
Thanks a lot for clarifying the Doubts.
The exact scene is that my grandfather is alive but sadly he is on his last stage however my All Uncles are deceased now only one my Bhua is alive and my Dad is Head now as he manages everything however there is no such will exist and Wife of "C" who has been divorced came all over from US to get her/Son's share from Our property.
So I was just confused with this that being the eldest grand son do i still have to share my right with C's son or not and nothing else.
Thank you
R.Ramachandran
(Expert) 25 March 2011
Again, you have not come out with the facts. You have not clearly stated whether it is 'ancestral property' or 'self earned property' of your grand father.
You said that the Will is already created by your GF, now you say no Will has been created.
Better keep the confusion to yourself, do not spread it.
Guest
(Expert) 25 March 2011
Dear Anonymous,
May that not be relished by you or your father, but, my advice is, with all the fairness on the part of your family members, better give the due share to the son of the divorced wife of C. Don't deprive him of his due share.
That is another thing if your father gets the will of yor GF in his favor, as everything is in his hands. But mind it, since your grandfather is on last stage your father may get the issues complicated, as the will can be challenged in a court of law that your GF did not make his will in his full senses and the will was got manipulated by your father.
Rest depends upon your family members to think in a rational or irrational manner.
Querist :
Anonymous
(Querist) 25 March 2011
Deqr all
Thank you very much for your kind help in this matter. We were not thinking in depriving anyones share now will has been drafted on Bond paper with stamps and it is decided to mutually to share all the property in Equal manner in the ratio of 1:1:1:1
