Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Walter white (Private employee)     30 July 2017

Granddaughter's right on grandfather's property

Dear Team,

I have divorced my wife (In process). I have 3yrs old daughter. I know that granddaughter will not have rights on grandfather's self-acquired property (Hindu succession act 1956). Recently DVC filed by my wife. Is there an act or provision under which she can ask anything from my father's self-acquired property? My father has died and legally my mother is legal heir. and I know that my mother can distribute property as her desire. Is my understanding correct? Please elaborate.

Thanks



Learning

 9 Replies

Siddharth Srivastava (Advocate)     30 July 2017

Daughter in law does not have any right in her in laws self acquired property. However, under Domestic violance Act she has right to live in her matrimonail house. After the demise of your father your mother, you and if there is any other legal heir then such legal heir  are legal heirs to inherit the property.

Advocate Bhartesh goyal (advocate)     30 July 2017

Rightly advised by Sidharth Srivastva.I agree with him.

Walter white (Private employee)     30 July 2017

Thanks a lot for the explanation. 

If the property has been transferred to mother with no objection from all legal heirs, Can granddaughter still have rights on the property?

Azhagananth (Lawyer)     30 July 2017

Admittedly it might be your's father self acquired one. but when he dies interstate leaving you, your mother and other Childrens as legal heir. you all will attain the owner ship of the property as his legal heir.

evenafter no objection from all legal heirs, if the property is transferred to your mother.

and when your mother died interestate died leaving the property to the legal heirs, your Daughter and your wife has the right over the property of the share on yours. your wife can claim from you until her second marriage.

Under DVC even if you don't have property, you will be recovered from the salary directly from your office.

 

Can granddaughter still have rights on the property - its your child man.

 

 

 



 

Kumar Doab (FIN)     30 July 2017

You have asked from prespective of Hindu Succession Act....

In case of Hindu male; The ClassI legal heir have 1st right i.e; Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters..............

So it is you  that gets equal share.

The nature of property that devolves by inheritance is of nature self acquired.

 

 

Kumar Doab (FIN)     30 July 2017

Wife has NO forced share in self acquired property of husband.

Wife is Not Co-parcener in ancestral proeprty.

Likewise daughter/son has NO forced share in self acquired property of father.

The said NOC may be mere for the purpose of mutations and may not neccessarly be equivalent of valid/registered deed of relinquishment/release/gift/sale etc etc................

Kumar Doab (FIN)     30 July 2017

Thus despite the said NOC your share and share of other ClassI legal heirs may still be intact...........and mother' share may still be only share along with other ClassI legal heirs and she may not be sole owner.................

 

What exactly was your's and other's  purpose of signing  said NOC?

Siddharth Srivastava (Advocate)     30 July 2017

Thanks sir.

 

Kumar Doab (FIN)     31 July 2017

Despite the said NOC you may still be a Co-sharer.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register