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Koushik (Not Applicable)     02 August 2012

Granddaughter's right

My paternal grandmother in Salem passed away leaving behind her only self-acquired house property (bought in 1968 through a sale deed) intestate. She is survived by her only 2 children daughter and son (my father). My mother is divorced. This property has been sold to a property development company and in return both my father and his sister have one apartment each in the newly developed building with four other apartments sold to individual owners. Do I have any right to claim in the newly developed building?



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 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     02 August 2012

If your grandmother left no will - As soon as your father got his 1/2 share of the property on death of his mother - the same turned ancestral with you having an equal right in the same alongwith your father. If it has been sold by your father trying to defeat your rights you can seek setting aside of hte alienation. 

Adv Archana Deshmukh (Practicing Advocate)     02 August 2012

Originally posted by : Adv. Bharat Chugh

If your grandmother left no will - As soon as your father got his 1/2 share of the property on death of his mother - the same turned ancestral with you having an equal right in the same alongwith your father. If it has been sold by your father trying to defeat your rights you can seek setting aside of hte alienation. 

I disagree with Adv. Bharat, that the property turns ancestral with you. The property by no stretch of imagination can be said to be ancestral to you as it has come from the grandmother. Only the children of the grandmother have the right to inherit her property. You have no share in the property till your father is alive. 

adv. rajeev ( rajoo ) (practicing advocate)     02 August 2012

After the death of the GM, her legal heirs are entittle for equal share in the deceased's property.  Your father has got equal share in that property and so on in the share of your father you and your sisters will get equal share.


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