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Kumar_JrLawyer (Jr.Lawyer)     27 November 2022

Opinion on a property rights

My Grand father received property from his father through a partition deed. My Grandfather is survived by 3 Sons. Now my grandfather is willing to give out entire property to elder son only. My father is the younger son. What will be the right of my father share in the above property.



Quick Summary
This discussion explores whether a grandfather can legally gift all his personal property, received via a partition deed, to his elder son. The consensus is that if the property is not ancestral and the father was not alive or in the womb at the time of partition, the grandfather can indeed dispose of it as he wishes. Your father would only have rights to any property left intestate after the grandfather's lifetime.

 2 Replies

yogesh shewale   28 November 2022

your grandfather property become personal property after partion....so they can dismissed it to anyone they want....but....if your father was alive or was in womb......at or before the time of partition......then your father has equal right in the property ( before partion the property should be ancestors property and your father was alive at time or before partion )

P. Venu (Advocate)     28 November 2022

The property is not ancestral. As such, the grandfather can dispose the same at his discretion. Your father is only legal heir to the property, if any, left intestate after his lifetme.


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