This property is not earned by your father so he can not sell it to anyone. According to succession law you and your brother are legal heir of your grandfather’s property. So you need not to worry. If your father sell it to anyone you can claim it in future.
Who does grandfather property belong to?
The grandfather can transfer the property to whoever he desires. If the Grandfather dies without leaving any will, then only his immediate legal heirs i.e. his wife, son(s) and daughter(s) will have right to inherit the property left behind by him.
Who is legal heir for grandfather’s property?
A grandson’s right on his grandfather’s ancestral property is by birth. It does not depend upon his father or grandfather’s death. A grandson owns a share of his grandfather’s property since birth. Distribution of property happens in such a way that each share gets further divided into successive generations.
Do I have right on my grandfather’s property?
The grandfather has absolute right to deal with the self-acquired property as he desires. If the Grandfather has made a will, the property bequeathes to the person named in the will. If the grandfather dies intestate, the property devolves as per rule of succession provide in Section 8 of 1956, Act.
How can I stop my father from selling ancestral property?
If your father is about to sell the property, you can file a Suit for permanent and mandatory injunction against your father for stay on that property for any further sale of the property.
Can grandfather gift property to grandson?
1)If the house and agricultural land is an self acquired property, then your grandfather can transfer the property to whoever he desires. However if the property is ancestral property then, as per the Hindu Succession Act he cannot transfer the property without your consent and your father’s consent.
Who is legal heir for grandmother’s property?
If she died intestate that is without leaving a WILL behind , then the property will get devolved upon the legal heirs as per the Hindu Succession Act. Your uncle cannot claim sole ownership of it , unless your grandmother left a WILL behind , whereby she bequeathed the property solely to him.
Who is the owner of property after father death?
After the death of your father, if he died without a Will, then the property will devolve amongst all legal heir. So in case your father did not have a Will, you, your mother and other siblings will be legal heir and the house will devolve amongst four. Both the procedure can be done during the lifetime of your mother.
Who are legal heirs of father?
Mother, Wife along with sons and daughters ( and their sons and daughters in case they predecease their sons and daughters and in case their daughters and sons also predecease them then their sons and daughters as well ) are the class I legal heirs as mentioned in the schedule of the Hindu Succession Act, 1956.
Can a son claim his father property?
Son’s right in case of ancestral property
As has been discussed before, a son has coparcenary rights since birth. He can even claim his share in the ancestral property before his father dies, i.e. during the lifetime of the father (by way of partition).
How do I transfer grandfather property to my grandson?
As per your query, you can get the death certificate of your grandfather issued from you’re your local municipal office/tehsildar or other authority who provides the same in your area. Also, enclose property tax paid receipts and property will be mutated in your name and that of all other legal heirs.
Who has right on ancestral property?
Also, whenever someone inherits a property from any of his paternal ancestors up to three generations above him, his legal heirs of up to three generations below him would get equal right, as coparceners in that property.
Can grandson claim rights in grandmother’s property?
If their own father or mother is living, the grandsons or granddaughters have no right to inherit or claim any portion of the grandpa or grandmother’s property. The grandchild does not have a birthright to the grandparent’s self-acquired property. … Grandsons are entitled to an equal part of an ancestral property.
Can ancestral land be sold?
The indigenous concept of ownership generally holds that ancestral domains are the ICC’s/IP’s private but community property which belongs to all generations and therefore cannot be sold, disposed or destroyed. It likewise covers sustainable traditional resource rights.
Is there any time limit to claim ancestral property?
The limitation period to file a civil suit to restrict the sale of ancestral property by a legal heir is 3 years from the date of sale. In case the legal heir is minor, he could instruct the civil suit within 3 years after reaching the age of eighteen.
Can father deny ancestral property to son?
In an ancestral property, all the sons have a right by birth and therefore, the father cannot give the ancestral property to one son to the exclusion of others. After amendment of 2005 in the Hindu Succession Act, even daughters are coparceners and have a right in the ancestral property.