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Bilu   15 July 2018

Can grandson have share in grandfather property without will

My grandfather died on 1991 . My father have 3 brother ,2 Sister & Grand mother . After 17 years my father buisness down due to my sister medical treatment huge loss so my father go out of state for income. Same time in high school. Due to this i also go out of state for income. After 4 years of our income we repayment our all banking & Public loan. After that i give my saving to father for buisness & Send my father to home for staying with mother & Sister. Next year i discuss with my uncle ,Aunty & Grand mother for pertition my grandfather property . They agree so i send my hard income oney to father for registration his share & build home 2012. I contribute all cost of build home ; Because my father have no saving & Income. Next year 2014 i arrange my marriage & All cost contribute by me. Also same year i repayment of my fathet unknown loan. After 2 Years 2016 i arrange my sister marriage . That also i contribute all cost. Next year i renovate home & contribute my father business invested loan . So now i have no saving ; But treating me if i not money to them they will sell all property. Even they sell one father property which devlopment area & i have small contribute on this also. Now i doubt they planning sell home also. Earlier i inform them i tried to arrange all your work without sell any property; because onve sell we cant get back. Please suggest now i have family & still i work in out of state.


 7 Replies

Bilu   15 July 2018

Even they not call me . Can i get back all contribution on my father property or take any action for share. Also my parent not accept my wife & Girl baby stay at home. They are blackmail me after their all work complete.

Kumar Doab (FIN)     15 July 2018

Which personal law applies in your case?

Or are you all Hindu?

You are male or female?

The said property is agricultural land, rural, Urban, or it is a building?

Have the deceased i.e. your grandfather left any valid WILL?

The property in the hands of grandfather was self earned/acquired, ancestral?

The property is in which state?

Confirm!

Kumar Doab (FIN)     15 July 2018

Grandson may have NO forced share in self earned/acquired estate of grandfather.

Son may have NO forced share in self earned/acquired estate of father.

 

Succession opens on date of death; by inheritance or by testamentary succession ( by valid WILL).

In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs ie.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……

 

In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.

 

If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………

If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..

If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..

Kumar Doab (FIN)     15 July 2018

 

The nature of the property that devolves by inheritance, WILL, Gift is self acquired.

If the property was self earned/acquired in the hands of your grandfather and IT devolved upon your father as above then you may have NO forced share in IT.

The money paid by you to your father is your personal matter and try to resolve amicably and your father may agree to give you share/higher share.

If he agrees get proper/valid/registered deed signed e.g; gift deed, settlement deed etc and update mutations records.

In case of dispute your father may claim that the money sent by you was to maintain the aged parents, as moral responsibility.

You may approach a very able LOCAL senior counsel of unshakable repute and integrity specializing in civil matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt…….to help you to draft a valid deed from your father (if he agrees) with proper narration to defend your long term interest.................and also for considered opinion on facts/details/record with you.

Check for such counsel at LOCAL rent control tribunal, Civil Courts, HC, SC..

Bilu   15 July 2018

i am Hindu , i have one sister only . sold Property is Agriculture ( Self Aquired ). they will plan sell one Home ,which land get from Grand father self Aquired & building construction all cost from Me. My Grand father not will anything. In West Bengal.

Kumar Doab (FIN)     15 July 2018

Ask politely your father to give you the money paid by you or share as per your investment.

Get registered deed as already suggested, amicably.

Or visit a LOCAL counsel if you intend to litigate..and undersdtand options and merits if any.

Bilu   15 July 2018

Thank you sir.


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