Sumit (XYZ) 14 March 2013

Grandson's right on grandparent's owned property

Can anyone tell me that:

My family details:

we are 2 brothers and 2 sisters of our parents but ours parents have expired few years ago. 1 sister is UNMARRIED rest all 3 are married.

now, My father built up house in his name, he expired few years ago but didn'e make any WILL

My Mother also died 2 years ago but did NOT make any WILL

So the house is currently in noone's name but we all 4 brothers and sisters are are left as the immediate legal owners of our parents property.

My question: Can my brother's son claim property rights on his granparents (owned ) property.

If yes, then can you tell me. In what all circumstances and how can we stop him from claiming property rights on grandparents owned house.

This is property is not ancestarnal rather my father built it up on his own in his name.

Please provide me your kind advise

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5 Replies

Advocate Kishor Hajare (Advocate) 14 March 2013

Sir,

it is admittedly true that, your brother's son can claim a right into his grandparents property.

As it is clear that, grandparent has not made will or any documents purporting for the transfer of ownership, right, title and interest in the name of his sons and daughters. Hence he is also entitled to claim any share from his grandparents property under the Hindu Succession Act.

So, for abstaining your brother's son from claiming any right in the property, take the release deed from him in to the favour of you or any other son.

It is advisable to take release deed from all the legal heirs of yor grandparents and vests the onwership into single hand, so it will avoid legal confusion and complex which may arise at any point of time.

Regards

Kishor Hajare/9930647734/hajare.kishor@rediffmail.com

Sumit (XYZ) 15 March 2013

You mean to say that to stop the grandson from claiming any rights on property:

If we all brothers and sisters take the release deed, sign it mutualy in favour of our unmarried sister. this way grandson will have no rights to claim on the property. We will be safe.

Please clarify in simple words.

prakharved (Medical officer) 04 July 2013

@sumit

Since your parents have died intestate, the property would be divided among the Class 1 heir of your parents as per the Hindu Succession Act of 1956. This means that only you and your siblings are eligible for the property, not the son of your brother. The property would be divided into 4 parts, each of the four siblings would get 1/4 of the property.

I think you should consult a practising property lawyer on this issue. To get your query answered you can check out this website, www.lawkonect.com. Here you can write down your query in detail and a property lawyer would give a written reply to your query. You would be informed about the the relevant laws that you need to take into consideration and you will also be described the options available to you in your present situation. If you require, you can hire a lawyer, or request a personal consultation through www.lawkonect.com.

supreeth (Engineer) 27 October 2014

hello Sir. i would like to know about the share which i should get from my grandfather and/or father.

my grandfather has a brother and the property has been shared between them. the share which my grandfather got has been shared between my grandfather, my father and uncle(my grandfather has 2 sons).

now my question is, can i get the share in the property of both my grandfather and father? can i get the complete share in my father's property and how much will i get from grandfather's property.

the property which my father owns is not earned by my father, it is given by my grandfather. please advice on this. waiting for the reply.