• Property share

If grand father and grand mother both died.property of both can sell by their sons without giving any share to grand sons.
Asked 7 years ago in Civil Law

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

17 Answers

Grand sons have no share in grand parents self acquired property

2) on demise of grandparents their children ie sons and daughters can sell the property without consent of grand children

Ajay Sethi
Advocate, Mumbai
96205 Answers
7741 Consultations

5.0 on 5.0

If the Grand parents are died intestate the self acquired properties of the grand parents divided among their children equally.

Grand children will not get direct share from the properties of their grand parents.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

4.8 on 5.0

Yes, this can be done because the grandchildren do not have a birth right in the property of grandparents.

Vibhanshu Srivastava
Advocate, Lucknow
9636 Answers
305 Consultations

5.0 on 5.0

Hello

Grandchildren do not have any interest in the self acquired property of the grandparents. The property can be disposed off without their consent.

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

5.0 on 5.0

Grandson will not get any share in the property.

Regards

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

5.0 on 5.0

1. Grand children will be having right of share in ancestral property from the date of their birth.

2. The Grand children may get issue a legal notice to create a cause of action and then go for filing a suit for partition.

3. Usually partition suits will be decreed if the property in dispute is an ancestral property and if relationship is not denied.

Kishan Dutt Kalaskar
Advocate, Bangalore
6148 Answers
489 Consultations

4.8 on 5.0

You may file a civil suit restraining the sale of property as you have rights in the ancestral property by birth. An stay order on the sale of property by the court will solve the problem.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Hi, yes grandson has a share in the property .. File a suit for declaration to claim your share

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

1. The grandsons are not the legal heirs of the grandparents during the lifetime of their parents. The self acquired and separate property of a Hindu male dying intestate devolves on his children to the exclusion of his grandchildren.

2. So the sons are free to sell the property to anyone they desire without the consent and knowledge of their children. The grandchildren get no share.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. If you have filed a case already then take it to a logical conclusion.

2. Consult another lawyer with suit papers to know the prospects.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You should withdraw your case as your father and siblings were at liberty to sell property inherited by them from their parents

You have no share in the property

Ajay Sethi
Advocate, Mumbai
96205 Answers
7741 Consultations

5.0 on 5.0

1. It is left to your wisdom either to continue with litigation or stop.

Kishan Dutt Kalaskar
Advocate, Bangalore
6148 Answers
489 Consultations

4.8 on 5.0

As it is earlier mentioned as a grand child you can not claim the property rights, which was purchased by your grand parents.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

4.8 on 5.0

Go ahead and continue the fight.

Regards

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

5.0 on 5.0

If grand father and grand mother both died.property of both can sell by their sons without giving any share to grand sons.

The properties that belonged to the grandparents are their own properties hence after their intestate death, the properties shall devolve equally on their own legal heirs and not not outside.

The grandchildren are not their legal heirs especially when their respective parents are living.

Therefore the grandchildren do not have direct rights in the properties that belonged to their grandparents especially when their respective parents are alive and have inherited the same in the capacity of legal heirs to their deceased parents.

The said legal heirs of the deceased grandparents then become absolute owners in respect of their share in the properties they inherited, i.e.,m their children shall not claim any share in such properties as a right during their lifetime.

T Kalaiselvan
Advocate, Vellore
86403 Answers
2296 Consultations

5.0 on 5.0

what grand son will get property share.

The grandchildren will not be entitled to any share in the said properties during the lifetime of their parents.

T Kalaiselvan
Advocate, Vellore
86403 Answers
2296 Consultations

5.0 on 5.0

Property sold by my father and his brothers and sisters. Purchaser has made gift deed to temple. I have filed case before all this happen. But some people have been served notice and for some of them not served including my father. Now we have gone for paper publication. Again my question is whether I should continue, or stop fighting this case.

In my opinion you are fighting a losing legal battle.

As per provisions of law you do not have any rights in this property and cannot question the authority of your father and his siblings to sell their father's properties.

Since you do not have any rights in the properties, your suit is unfortunately not maintainable or tenable in law, hence you may decide further course of action io.e., whether to fight the losing battle or to save your energy, money and time in future on this.

T Kalaiselvan
Advocate, Vellore
86403 Answers
2296 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer