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property and agreement

Page no : 2

Jash Trivedi   11 April 2020

thanks mam

Aruanbh Rajan   11 April 2020

Your right in the property depends upon the nature off the property of whether it is self acquired or an ancestral property.

If it is an ancestral property

According to Section 6 in The Hindu Succession Act, 1956,In ancestral property the share of each generation is first determined and successive generations, in turn, sub-divide what has been inherited by their respective predecessors. You acquire the right of partition being a coparcener with the time you were born. You can file a civil suit for declaration and partition along-with petition for interim relief. Rights protected by law cannot be denied.

The court opined the same in V. Devaraj vs Jayalakhmi Ammal (Decsd.) and others.

If it is self acquired property

A grandchild does not have any birth right in the self- acquired property of his grandfather if it has been allotted to your father in a family partition in his capacity as legal heir and not as a coparcener under the Hindu Succession Act 1956. The grandfather can transfer the property to whoever he desires.

If the Grandfather dies without leaving any will, then only his immediate legal heirs i.e. his wife, son(s) and daughter(s) will have right to inherit the property left behind by him.

Therefor to determine your issue it is important to determine the nature of the property

Feel free to contact in case of further queries.


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