My question here is; how can a 26 year old male adult claim property from his grandfather.. The scenario here is little complex.. Let me try my best to explain it in detail for you. 1. Mr GL Rao (78 year old still alive).. 2. Mrs GL Rao (Expired in 2017..aged about 72yrs at the time of death) Above couple has five children as below 1. Eldest..Mr RD Rao (Expired in 1999.. aged about 34 yrs at that time) Survived by wife Mrs RD Rao and 3 children( Two daughters, both married; and one son 26yrs old Mr VSL Rao Unmarried) 2. Other four son's; all alive and having 2 to 3 children each. Now the head of the family Mr. GL Rao is unwilling to share any property with the wife and children of his deceased son Mr RD Rao. He claims that there is no property that is passed on to him from his father or forefathers and also whatever property he is having now is earned by himself and he wants to share everything among his other four sons only. Secondly, Mr. GL Rao has sold two of his wife's properties after her death (she hasnt left behind any will) without the knowledge of his deceased first son's wife and her children; using family members certificate issued by revenue department where he has declared himself and only 4 sons as family memebers to the deceased Mrs GL Rao (He has not declared Mr RD Rao as his son nor his wife and 3 children).... Mr. GL Rao and his four sons are into family business and have earned the properties jointly. Secondly, wife of Mr. RD Rao believes that he has earned properties which she is not aware of and suspects Mr. GL Rao acquired them after the death of Mr. RD Rao without her knowledge.... Now, what are the options for Mr. VSL Rao to challenge his grandfather Mr. GL Rao in the court of law and what can he expect out of it...
1) grand son has no share in self acquired property of grand father during his lifetime
2) on his demise intestate he would be one of the legal heirs of property
3) as far as properties standing in name of grand mother is concerned grand son can file suit to set aside sale of properties by grand father as on her demise he would be one of legal heirs
The children of GL Rao including the legal heirs of the deceased so RD Rao do not have any rights over the property that is on the name of GL Rao, at least not during his lifetime.
Hence any claim made by the legal heirs of RD Rao for a share from GL Rao's properties is not maintainable or tenable in law.
However if the properties that were lying on the deceased grandmother's name, was sold by GL Rao without giving any share to the legal heirs of the deceased son RD Rao then the legal heirs of the deceased RD Rao can file a suit claiming partition of the said properties and separate possession of their legitimate share in that property,m even if they are sold out by GL Rao.
Properties acquired from the funds of joint family business are ancestral properties. You have absolute right to share the property as the branch of deceased R.D. Rao. G.L. Rao cannot claim the any of the properties purchased by him are his self acquired property so long as there is no official partition. The properties sold after death of Mrs. G.L. Rao are fraudulent transactions liable to be cancelled. The proof fraud is family members certificate where the name of R.D. Rao is not there. Issue lawyer's notice to all legal heirs seeking partition and separate possession of properties. Also issue notices to third parties who purchased land from G.L. Rao seeking cancellation of sale deeds in their favor. You have to collect information of all the properties purchased by G.L. Rao as the same were purchased out of funds of family business. Such information is available with sro. After issuing notices file a suit for partition in District Court Kurnool include all properties and add all legal heirs and purchasers of property as parties to the suit. You will get your share.
Dear Sir/Ma'am
In our knowledge, Grandson has no share in the self-acquired property of the grandfather until the grandfather is alive but after the demise, grandson will be considered as a legal heir and can get the share out of that property and as far as the grandmother's property is concerned, VSL Rao is a legal heir for the same and can definitely file a suit for the share in that property and can also file for an injunction and set aside the sale. And notices can be issued to all the partners in the property and once it's all done, VSL Rao can get the share in the property. Thank You & Regards
