self acquired property by grandfather-rights of grandsons

chander prakash (Querist) 17 June 2011 This query is : Resolved
a property was purchased by the grandfather when grandson A was in existence. After few years of purchasing the property, grandson B had born. Now what are the rights of A and B in the property during lifetime of grandfather and after his death? Is the property ancestral property for both A and B? If grandfather want to sell the property, can a suit be filed on behalf of either A or B?

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DEEPAK ASSOCIATES (Expert) 17 June 2011
It is settled law when a property has been purchased by self means by the persons it is called self acquired property and the person at his choice disposed off it. On the othere hand when a property which comes to a person in share from family's property then it is called ancestral property.

The self acquired property can be disposed off by the persons at his wishes whereas the ancestral property cannot be.

in your case the grandfather has purchased the property, (A) if it is purchased by the grandfather from his own earned money then it is his wishes to disposed off while (B) if the same is purchased from family money then it be called as ancestral property.

In case of A none of A and B are entitled to file any case against grandfather.

In case of B both of A and B are entiled to file the suit.

PALNITKAR V.V. (Expert) 18 June 2011
I want to add that even in case of A mentioned by Shri Kapoor, the grandsons would get right only after death of the grandfather that too if dies intestate.

Advocate. Arunagiri (Expert) 18 June 2011
The grand father can sell his self earned property no body else is having rights.

If the grand father dies without any WILL, the grand sons are having shares.

R.Ramachandran (Expert) 18 June 2011
If the Grand father had purchased the property himself (i.e. if the property is his self-earned/self-acquired property) then nobody has any right to claim any share in the said property.

If the Grand Father dies without leaving any WILL, then in that event only his immediate legal heirs i.e. his wife, son(s) and daughter(s) will have right to inherit the property left behind by the Grand Father.

As the properties inherited by the Wife, Son(S) and Daughter(s) of the deceased woule be treated as "PERSONAL PROPERTY" of those who inherit the property, no one else has any right to claim any share in the same property.

Thus, even when the grand father dies without leaving any WILL, the properties will go by way of inheritance to the eligible legal heirs and "A" AND "B" CANNOT CLAIM ANY RIGHT/SHARE IN THE SAME.