On grand father demise daughter would be absolute owner of property
grand children have no share in property
Grand Mother Property
Hi, I have a query. My grandmother died in 2006. She has five kids (4 Sons and a daughter). She has a land property in her name and has transferred it to her only daughter without any rights to sell until my grandfather dies. While my grandfather is alive, he can't sell the property but can claim any rents on the property. My grandmother has 13 grandchildren (6 girls & 7 boys). Even though, the entire property of my grandmother is on her only daughter (aunt) name after grandfather demise, do grandchildren (especially girls) have any rights for a portion of property claim?
Asked 3 years ago in Property Law
Religion: Hindu
6 Answers
It depends on how the property came to grandmother, if the property not acquired by her, all her legal have equal share in the property any transfer by grandmother to any one legal her depriving others of there share in invalid and liable to be cancelled. All the grandchildren including daughter have equal right to share the property. Such right to share can be enforced through Court, that is either City Civil Court, Hyderabad; or City Civil Court, Secunderabad. Issue lawyer’s notice to all seeking partition and separate possession of property. After that file a suit in district Court for partition and separate possession. You will get your share. Such right can be enforced even during lifetime of grandfather.
- Since , the said property is in the name of grandmother , then after her death intestate , her property would be devolved upon all her legal heirs i.e. her husband if alive and 5 children equally.
- Further, if that property is her self purchased property i.e. self acquired then she was having her right to transfer the same to her daughters without any intervention and none having right to claim over the same.
- Share of grandchildren not arise , if 4 sons and daughters are alive .
Hi, From your narration the property is your grandmother. So she can dispose of the same as per her will and wish, other have no right to claim the same.
Dear sir/Ma'am,
In the present case, since the grandmother has transferred the property to her only daughter, no one has a share over that property. she cannot transfer it to anyone during the lifetime of the grandfather but after his death, she can alienate the property to any person. Family members and no grandchildren have any right over the proeprty.
Thank You
Your grandmother's property is her own property.
It is not inheritable by her legal; heirs during her lifetime or after that if she had transferred that property to any beneficiary of her choice. Besides it is neither i ancestral property hence the grandchildren do not have any rights in the property for whatever reason they may claim.
