as far as the property self acquired they have absolute right to decide about its future and as far as ancestral property is concerned your children will have share to it
How to prevent to passing of property from grandfather to grandson
I am the only heir to my father. I have son who is still an infant. My question is as per the Hindu Succession Act is there a provision to prevent my sons/daughter getting share of my father/their grand father's property? After his succession? Facts; My father is 78 years old My Mother is 75 years old Majority of his property is self acquired/self earned? There may be few acres of land which he would have inherited from his father. Myself, I am the only son to my parents 33 years old married to my wife who is 29 years. No family problems what so ever. I have a son who is 2.5 years old. The above questions has been asked without any ill feelings towards my wife or children or my parents. The intention here is to ensure that my father's property should not create any dependency on kids & I want them to be independent individuals before they get a share in their grand parents property. so that my father/mothers hard earned money/property does not get misused by my children. Your valuable advise on the above question would be of great help. Thanks Thanks & Regards.
Asked 10 years ago in Family Law
Religion: Hindu
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5 Answers
1. Insofar as the self purchased property of your father is concerned, if he died without a will then you are the sole owner of the entire property, which implies you can make a will or any other legal settlement of this property in favour of any of your other relatives and legally deprive your son of any share therein, if you desire so.
2. The property which your father inherited from his father can legally be claimed by your son.
Hi, as per your narration it is a self reacquire property after your parent it will pass on to you......... and there is no provision in Hindu law which prevent the property goes to son or grand son unless you have sold the property.
1) as far as your father self acquired property is concerned on his demise you and your mother would be equal owners of said property . your son cannot claim any share in respect of said property .
2) as far as ancestral property is concerned your son has share in said property .
According to the Hindu Succession Act,1956 the self acquired property of the Hindu who dies intestate that is without making any Will with regard to his property shall devolve to his Class 1 heirs namely, surviving widow, all his sons and all his daughters and his surviving mother in equal proportions. In case none of the above mentioned class 1 heirs exist the property is inherited by class 2 heirs.
