Can son claim grandfather's property when father is alive?

The grandsons or granddaughters have no right to inherit or claim any share in the property of the grandfather or grandmother if their own father or mother are alive. The grandchild does not have a birthright on the self-acquired property of the grandparent.

Can a grand son claim rights in grandfather's property?

A father can exclude his child from his self-acquired property, but a grandson cannot be excluded from his grandfather's property if the property is ancestral. If the self-acquired property of the grandfather passes on to the grandchild, then he can inherit the property only after his father's death.

Who is legal heir for grandfather's property in India?

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.

Can son claim father's ancestral property when father is alive in India?

In case of ancestral property

When a father has acquired property from his grandfather, his son automatically inherits this property as per the Hindu Succession Law. A son can claim father's property when father is alive in this case after proving his succession.

Does grandson has right in maternal grandfather's property?

If your mother wants to put her half of the property in your name, that's another possibility. As a result, if their own father or mother is living, the grandsons or granddaughters have no right to inherit or claim any portion of the grandpa or grandmother's property.

Indian Kanoon - Grandson's right over grandfather's property - LawRato

Can I claim my maternal grandfather property?

Yes you can claim. Maternal grandmother's property do not come under ancestral category of property. However if your grandparents have left behind movable and immovable assets upon their intestate death, the legal heirs of your deceased mother are entitled to inherit her share in those properties.

Can grandson claim grandmother property in India?

Summary: If their own father or mother is living, the grandsons or granddaughters have no right to inherit or claim any portion of the grandpa or grandmother's property. The grandchild does not have a birthright to the grandparent's self-acquired property.

Is there any time limit to claim ancestral property?

The time limit to claim ancestral property is around 12 years. However, if there is a valid reason for delaying the claim, then the court may accept the same and process your request.

Can daughter claim father's property when father is alive?

According to a recent Supreme Court ruling, it does not matter whether the father was alive or not in 2005, when the Hindu Succession Act 1956 was amended to give equal rights to the daughter in her father's property. Since your father died without a will, the property will be divided equally among all legal heirs.

Who has right on father's property?

The Supreme Court on January 21 made it clear that Hindu daughters would be entitled to inherit the property of their father in the absence of any other legal heir; they would receive preference over other members of the family in inheriting the property even if the father does not leave behind a will.

Who has the right on grandfather property?

The father and the son have equal rights in their grandfather's ancestral property. In case of self-acquired property, the son will be a class 1 heir along with his mother, sister, brother, and grandparents. The father's property cannot be transferred to an illegitimate son.

Who is legal heir for grandmother's property?

As per S. 15(1)(a), the property of a female hindu dying intestate shall devolve upon the legal heirs, including the childrens of the predeceased son or daughter. Thus, you have rights over the property.

Who has right on ancestral property?

In case of a classified ancestral property that has remained undivided, four generations of the male lineage have their claim. Basically, the father, the grandfather, the great grandfather and the great-great grandfather have inheritance rights over an undivided ancestral property.

Can grandchildren claim property from grandmother?

The grandsons or granddaughters have no right to inherit or claim any share in the property of the grandfather or grandmother if their own father or mother are alive. The grandchild does not have a birthright on the self-acquired property of the grandparent.

Can daughter in law claim father in law property?

The daughter in law cannot claim any share in the ancestral property of her father in law. She gets a share only through her husband. Being ancestral property the son has a share in the property and is a coparcener.

Do daughters have rights in grandfather property?

As per law all the legal heirs are entitled to get equal shares, Irrespective of sons and daughters. If it is your grandfather's self acquired property you can't do any thing, instead it is ancestral property, you can file a partition suit against your brother and grandfather.

When can a daughter Cannot claim father's property?

Even when the daughter is born before 2005, she has a valid right in the property of her parents. She can lawfully claim the rights in the property of her parents. However, since the law cannot be made effective retrospectively, it is mandatory that the father is alive when the law came into force i.e. 2005.

What happens if father dies without will in India?

Since your father died intestate, that is, without making a will, all the legal heirs, including you, your brother and your mother, will have equal rights over the property. If he had made a will making your brother the beneficiary of the property, you would have had no legal right over the said property.

Can my sister claim in your father's property?

As per the Hindu Succession Act 1956, your elder sister being a class I legal heir is entitled to claim her share in the property if these belonged to your father, unless she has been deprived of her entitlement by virtue of any effective instrument.

What is the time limit to make a claim by legal heirs?

Article 120 of the Limitation Act, 1963 prescribes limitation of 90 days for bringing legal heirs and representatives of the deceased party.

Can grandfather sell ancestral property?

No, ancestral property be cannot be sold without consent of successors in case of major and in in case of minority you might have to take permission from the court.

Can father deny sons property?

A father can disinherit his son from his self-acquired property only, and not from his ancestral property. Self-acquired property refers to property that is not inherited but is self-made out of one's own funds and resources. Property acquired through a brother or an uncle may also be categorised as self-acquired.

Can son claim mother's property when mother is alive?

Your son cannot lay claim to the property or have any right over it till the time you are alive, even if you have named him as the sole beneficiary in your will. He can stake a claim to it only after you pass away.

Can daughter claim mother's property when mother is alive?

DAUGHTER'S RIGHT IN PROPERTY

But now, a daughter has certain rights that can be exercised. As per the Hindu Succession Act, 1956: Both married and unmarried daughters now have a legal right to their father and mother's property. Daughters can now also become the manager or Karta in ancestral property.

How can I transfer grandfather property to grandson in India?

As per your query, you can get the death certificate of your grandfather issued from you're your local municipal office/tehsildar or other authority who provides the same in your area. Also, enclose property tax paid receipts and property will be mutated in your name and that of all other legal heirs.