Hi My (Late) Mother's grandfather (GGF to me) purchased land and built a house in native. My mother is the daughter of his only son. My Dad is the only son of one of his (GGF) 2 daughters. For some years now - my grandfather (GF - Mom's Dad) has apparently converted title to his name (he is not providing proof of NoC from his Sisters). My GF has 5 children (3 sons and 2 daughters - one daughter being my Mother).... Please let me know if I can claim share on my property... For clarity: GGF >> 3 children (1S 2D) >> Son (5 children : 3+2) / Elder Daughter (6 children : 3+3) / Younger Daughter (3 children: 1+2)....
it is self acquired property of great grand father
2) on his demise property would devolve on his legal heirs ie his son and 2 daughters
3) property could not have been transferred in grand father name without consent of his sisters. they have equal share in self acquired property of the deceased father
4) you can file suit for partition to claim mother share in property
to clarify : (1) My GGF did not leave a Will behind (2) Did my GF had the right to transfer to his name without written consent of his Sisters (one of them being my paternal Grandmother) - if NOT can we claim that transfer as illegal NOW and a stake in share (3) Can my GF avoid giving share to any of his 5 children including daughters (4) Can children / grand children / great grant children of my GGF's kids (now in this scenario - it will be my children) claim right in case my GF transferring property in his name much prior to 2005 is valid (4th generation without transfer of title - will this hold good even for my GF inheriting property and not his self acquired).... If unclear please feel free to call me on cell or email ([deleted])
1) on great grandfather dying intestate grand father was only one of the legal heirs . consent of other legal heirs was necessary to transfer property in his name
2) if your great grand father died after 1956 his daughters had equal share in the property
3) they can file suit to claim equal share in the property
4) grandfather can bequeath his share in property to whom soever he pleases. it is not ancestral property
5) if grand father died intestate his property would devolve on his 5 children equally
Your great grandfather had only one son and he inherited the property from his father.
Thus the property so inherited becomes his own and absolute property
In that hs children do not have any rights during his lifetime.
He need not take anyone's consent or NOC to sell or transfer or to alienate or to encumber the property in any manner as per his desire and to the person of his choice.
Nobody can claim any share in it as a right.
Therefore since your deceased mother did not have any rights in it, you or any other legal heirs of your deceased mother do not have any right or claim in the property.
1. He has acquired as a legal heir, but however his sisters are also entitled to a share in it, they can claim a share in it even now by filing a partition suit.
2. You can proceed legally
3. Your grandfather need not allot any share to his children as they do not have any rights in it.