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Akshata Y Gorla   07 July 2020

Rights on inheritance property

My paternal grandmother has Property which she has won in the court against her husband during 1963. She has will deed that property to my father and some to grand children. There is nothing on the name of her daughter in law (my mother). So does she have any rights on the property of my father? Do we grand children have any rights on the property besides what has been done will deed.



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 4 Replies

Dr J C Vashista (Advocate)     07 July 2020

Originally posted by : Akshata Y Gorla
My paternal grandmother has Property which she has won in the court against her husband during 1963. She has will deed that property to my father and some to grand children. There is nothing on the name of her daughter in law (my mother). So does she have any rights on the property of my father? Do we grand children have any rights on the property besides what has been done will deed.

@  Akshata Y Gorla,

What was the case/property in which your grandmother has, ".....won in the court against her husband during 1963...." ? 

Since it became her self-acquired property after getting decree in her favour, she has absolute right to dispose it to any one of her choice. 

In case your grandmother is alive and bequeathed the property in favour of your father and some of her grandchildren she can change it any time during her life time. The property shall devolve upon the beneficiary of the will.

G.L.N. Prasad (Retired employee.)     07 July 2020

She has fought against her husband and won the case over the property and as such it is self acquired property under Hindu law, she can dispose of the property,  as she likes without any doubts.  This is on specific property that she has won through process of court.

Your further queries are as under

So does she have any rights on the property of my father?

Yes.  She is a mother and as such a legal heir of the property of your father.  This issue further depends on several factors such as self-acquired, ancestral, written will or intestate etc.,

Do we grandchildren have any rights on the property besides what has been done will deed.  

Grandchildren are class II legal heirs and only when there are no class 1 legal heirs you may get a share in those properties which was not disclosed in their wills.

It appears that you are having confusions and it is better to personally discuss with such local advocates.

P. Venu (Advocate)     08 July 2020

The facts posted are not complete esp. as to whether the grandmother is alive and the relevance of the question as to the alleged rights of your mother. The second aspect suggests deeper issues. Please post complete facts. 


(Guest)
Mam,
Whatever your GM willed to your father, all his Class 1 Heirs including you and your mother will inherit a share in it, provided that your father died intestate.
Your mother has a right on your father's property alone, but she is not a heir to your GM.
I hope this clears.
Regards,
Abhishek Tiwari

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