People are often confused about property rights in India. Especially when it comes to the legacy of the family or ancestral property, the lack of legal information gives rise to disputes. Many people do not know when, where and how property can be found in property. In such cases the correct information related to the Property Rights Act not only protects your rights, but also protects from the complexities of the court-court.
Today we will answer a very common but important question – does the grandson get the right to the grandfather’s property? Before knowing the answer, it is important to understand which types of property are and who get their rights.
1. There is no legal right to grandson over the property acquired by self
If the grandfather has acquired any property himself, that is, he has bought property from his hard work, business or services, then he has full authority over him. They can give it to anyone if they want – to their son, daughter, or any non -relative. This type of property is called Self-Acquired Property in English.
Can the grandson claim this?
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No. As long as the grandfather is alive, and he has not created a will, the grandson has no right over it.
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If the grandfather makes a will, then the property is distributed accordingly.
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If the will not become and the grandfather dies, the property divides into his legal heirs – that is, wife, son, daughter.
Note:
If the grandson’s father is alive, the grandson automatically does not become a heir in the property acquired by Dada.
2. Grandson’s strong legal right over ancestral property
Now let’s talk about ancestral property. This is the property that has been moving as family succession for at least four generations – that is, grandfather from great -grandfather, then father and then grandson.
Why is the grandson’s right over it?
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As soon as a child is born, he becomes the successor of his share.
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To claim this, it is not necessary to have a father’s death or will.
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This right is natural from birth, which cannot be snatched.
Example:
If a person has an ancestral land which was in the name of his great -grandfather, and he is now in the name of Dada, then the son of that person (ie grandson) can also ask for a share in that land.
3. Identification and characteristics of ancestral property
How to identify whether an property is ancestral or not?
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That property is being transferred from at least four generations.
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There should not have been any will in this, but it has met natural succession.
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She has not been distributed – that is, even today the names of all the heirs should be recorded together in it.
Major features of ancestral property:
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All male members are Coparcener.
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Now according to the decision of the Supreme Court, women members (daughters) are also entitled to equal rights.
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If you want to sell or transfer it, then the consent of all co-wars is necessary.
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This property cannot be completely controlled by any will.
4. How to claim in court?
If a grandson feels that he has been denied his ancestral property, he can knock the court.
What to do?
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First of all, collect documents related to property – such as Khatauni, Khasra, Heritage Paper etc.
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Consult an experienced property law expert.
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Enter a civil suit – in which the grandson tells that the property is ancestral and is wrongly excluded from it.
Essential Tips:
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Action on time, as the case can weaken the case in the court.
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If the property is already divided, it can be difficult to prove the rights again.
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Many times disputes are also resolved by mutual agreement or arbitration.
5. Why is the assistance of a lawyer necessary?
The easier it seems to hear the property case, the more complex the legal process is. The validity of documents, the process of the court, the proof of succession – all these things can be difficult for a common man to understand.
With the help of a good lawyer:
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You get the right legal direction
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Unnecessary disputes can be avoided
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Both time and money saves
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Your side is strong in court
How to choose a lawyer?
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Experience in property law
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Have solved some successful matters beforehand
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Have complete transparency and right advice
