• Rights of grandsons and granddaughters in self-acquired property of grandfather

My grandfather died in 1992 without any will. At the time of death he had certain shares in his name which were SELF AQUIRED. At that time he had 4 daughters and 1 son (my father) who all were alive. Subsequently during the years all of my bhuas have expired and my grandmother have also expired and now my father is the only child to his father. 
Now is he having only right to his fathers shares valuing around 6 lacs of rs or me and my bhuas others sons and daughters also have the right to the self aquired shares of my grandfather. 
Self aquired term i have learned from google. For me its simply, my father purchased shares in my grandfathers name during 1984 to get IT benefits.
Asked 4 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

8 Answers

On grand father demise your father , 4 daughters have equal share in grand father property 

 

2) the share of deceased daughters would devolve on their legal heirs 

Ajay Sethi
Advocate, Mumbai
96748 Answers
7804 Consultations

If your father has purchased the same you can claim the same as your share but you need to prove the same if it's objected

Prashant Nayak
Advocate, Mumbai
32366 Answers
199 Consultations

Property will devolve upon equally on,  legal heirs of all four daughters per stripe basis,  and one son that is your father .

You shall be entitled for your father share only. 

Legal heirs of all four daughters shall take the property per stripes that is equal to each branch of beneficiaries. 

Share of property:

 Branch of beneficiaries of each daughter will get one share each. Total four share. 

Your father - one share. 

Grand mother - one share.

Grand mother share  will  again devolve upon all beneficiaries as above. 

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

The shares that are lying in your deceased grandfather's name shall devolve on all his legal heirs equally upon his intestate death.

If some of the legal heirs have died then their respective share in the shares shall devolve on the legal heirs of the deceased legal heirs, thus your deceased paternal aunts' legal heirs are entitled to a legitimate share in the shares left behind your decesed grandfather as a right as per law of inheritance.

It would be incorrect  and illegal if your father is trying to take away all the shares for himself without giving any share to his nephews and nieces, it would be termed as deprivation of their rights. 

T Kalaiselvan
Advocate, Vellore
86950 Answers
2334 Consultations

Hi, as the share are purchased in the name of your grandfather and it his self acquired property and after his death all the legal heirs are entitled for share in the property.

Pradeep Bharathipura
Advocate, Bangalore
5611 Answers
338 Consultations

1. The shares of the movable and immovable properties of your deceased grandfather will be equally inherited by all his children  and wife after his demise intestate.

 

2. Since his wife has also demised intestate, all his shares will be equally inherited by his 4 daughters and one son.

 

3. Since his daughters have also died intestate, their shares of your grandfather's properties will be correspondingly equally inherited by their sons and daughters.

 

4. You shall have no claim on the share of your father on your grandfather's properties during his lifetime.

Krishna Kishore Ganguly
Advocate, Kolkata
27430 Answers
726 Consultations

- As per law, after the death of your grandfather without leaving a WILL etc , his property would be devolved upon his legal heirs i.e. his wife , daughters and son equally. 

- Hence, they were having 1/6  th share in the property, and after the death of grandmother her share will go to the daughters and son respectively. 

- Further , after the death of your bhuas if married , their share can be claimed by their legal heirs legally , and you cannot claim over the same , and further your father having only right to claim on 1.6th share in the property. 

Mohammed Shahzad
Advocate, Delhi
14415 Answers
221 Consultations

Since your grandfather on paper is the owner of these shares on his death his legal legal heirs which include your father and aunts ci sharer. 

Therefore you have only 1/5th share in the value of the shares. 

Devajyoti Barman
Advocate, Kolkata
23187 Answers
510 Consultations

Ask a Lawyer

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