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Srinivas Nanduri (Engineer)     03 November 2013

Will grandfather property belongs to grandson

Hi,

 

  I am from hindu family.My grandfather made a will in 1981 and died ,he has divided his property to his 2 sons with no right of sale.My father is the younger one with 2 daughters and i am only son for my father.and the elder( My Uncle 1st son) one does not have any son,he has only 2 daughters.Now my question is that will my grand father property belongs to me (Grand son)or my sisters ( grand daughter)?

 

Regards,

Nand



Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     03 November 2013

If the property referred to herein was a self  acquired property of your grandfather and he intended to dispose the property as per the recitals of his last Will, the said Will will come into effect after his demise.  As you  mentioned that your grandfather has made a Will, please see what is written in the Will.  If it is stated in it that your father and his brother have right only for enjoyment till their life time and after that it will vest on the male children of his sons, then the property will automatically devolve upon you over which you have an absolute right but of course you can sell it only after the life time of your father and paternal uncle.  Therefore read the Will fully and properly and then ask your query on the basis of Will alone because now the Will is the parent document of the property and it will be able to guide the title holder accordingly.

Sudhir Kumar, Advocate (Advocate)     04 November 2013

it appears from your descriptttion  that your grantdfather gave enjoyment rights to his sons and not to sell the estate.  It cannot be inferred that he never intended any granddaughter to be excluded.  It is ancestral property of you and your cousine sisters and to be divided proportionately .

 

You do not have exclusive right.

 

BEING THE SOLE MALE GRANTCHILD PUTS YOU ON NO BETTER PEDESTAL.

Sudhir Kumar, Advocate (Advocate)     04 November 2013

Notwithstanding gain/loss from such litigation one thing is clear that relations (more costlier than property) are permanently lost and both sides are losers.

 

Your cousine sisters may (if they so desire) relinquish their share and if they do not thenit is wise for you to go for amicable division.

Advocate Ravinder (Advocate/Attorney)     05 November 2013

I completely agree with Kalaiselvan and Sudhir Kumar sir.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     10 November 2013

What Sudhir Kumar says and what Kalaiselvan has said are not exactly the same. Adv Kalaiselvan delves more into it, more than what Mr. Nanduri had asked. One should not leave any property if one wants one's children in harmony. The Hindu Succession Act, 1955 conferred rights on daughters also. Actually the rights go to  husbands, who are drones in a beehive and  dream of father-in-law's property.

उत्तमो आत्मना ख्याता ख्याता पितरेण मध्यमा

 

मातुलेनधमाख्याता श्वशुरेणधमाधमा   

The one who earns greatness on one's own is really great. The one who gets from his father is average and the one getting from maternal uncle is the worst. But the one who aspires for greatness through father-in-law is worse than the worst. 


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