Legal Question in Real Estate Law in India

grandsons share in the property

My father had an ancestral property,which was sold about 10 years back.My father bought a flat with his share of this property and some of his own funds(He being a pensioner )

He has expired recently

and we are four brothers can we share the proceeds of the sale equally? or have the grand children

(three of mine one of my brother)

any right to this amount.

They will have a right after my demise but do they have a right as of now?


Asked on 12/12/08, 8:49 am

6 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: grandsons share in the property

well, all the grandchildren have a right in the property in the portion of the their father. The children gets a right in the ancestral property from the date of their conceivement i.e. nine months prior to their birth.

In your case, your share will be only one fourth out of one fourth - three children and you inherit equally - out of the your one fourth share in the sale proceeds.

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Answered on 12/12/08, 8:50 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: grandsons share in the property

All depends on nature of property. If property is self acquired, then only class I heirs have rights. If property is a coparcenery or HUF property, then grandchildren will have share by birth.

There is no concept like ancestral property.

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Answered on 12/13/08, 1:08 am
Shrichand Nahar S.V.Nahar, Advocate

Re: grandsons share in the property

All depends on nature of property. If property is self acquired, then only class I heirs have rights. If property is a coparcenery or HUF property, then grandchildren will have share by birth.

There is no concept like ancestral property.

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Answered on 12/13/08, 1:13 am
Shrichand Nahar S.V.Nahar, Advocate

Re: grandsons share in the property

All depends on nature of property. If property is self acquired, then only class I heirs have rights. If property is a coparcenery or HUF property, then grandchildren will have share by birth.

There is no concept like ancestral property.

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Answered on 12/13/08, 1:17 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: grandsons share in the property

You dont have right in this matter.

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Answered on 12/13/08, 3:56 am
SARATHI VP VP VPS LAW FIRM

Re: grandsons share in the property

No right in your matter.

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Answered on 12/12/08, 10:37 am


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