Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

raja rongala   11 June 2023

property rights

can a grad son who is citizen of US can entitled to claim grandfather's property in India.


Learning

 3 Replies

Advocate Bhartesh goyal (advocate)     11 June 2023

Grand son can't  claim any share/ rights in the properties belonged to grandfather during the lifetime of his father and grandfather.

T. Kalaiselvan, Advocate (Advocate)     11 June 2023

Grandson cannot get the rights in his grandfather's property at least not during the lifetime of his father.

Shashank Saxena (Lawyer)     11 June 2023

Hi Raja, I try to answer your query herein, in accordance with the provisions as laid down in Hindu succession act, 1956 (assuming you are a Hindu). The law has classified property as an Ancestral Property and Self acquired property.

Self acquired property is the one that is acquired by a person through his or her own efforts and resources, and not through inheritance or gift. A grandson cannot claim any right to the self-acquired property of his grandfather in Hindu law. It is all up to the grandfather what he wishes to do with his self-acquired property. No one can raise any objection.The Hindu Succession Act, 1956, which governs inheritance in India, does not give a grandson any right to inherit his grandfather's self-acquired property.

Ancestral property is a form of joint property, which means that it is owned by all members of the Hindu joint family. According to the Hindu Succession Act, 1956, a grandson is a coparcener in ancestral property, along with his father, grandfather, great-grandfather, and great-great-grandfather. This means that the grandson has an equal right to inherit the ancestral property, as does his father, grandfather, etc.

So it needs to be determined whether the property is an ancestral property or his self acquired. 

Hope this helps


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register