Do grandchildren have rights to ancestral property after transfer ownership?
Do grandchildren have the right to ask for a share of their grandmother's ancestral property, even though the property was transferred to someone else's name after their grandfather's (grandmother's father) death? The grandmother is no longer alive.
The grandchildren would be able to claim their share from the ancestral property since, under Hindu law, such property is inherited by birth. However, in case it was transferred in someone's name after the death of the grandfather, then their rights will be disturbed. They would be able to claim only if their parent- child of their grandmother- were to die; otherwise, it is the right of the parent. If it is self-acquired, then the rights of the grandchildren may not be automatic unless in a will. Such a situation may require legal counseling to navigate.
If the grandmother's property, at the time of death, has not been transferred through a legally valid deed to anyone else and if her child, that is, her mother, is dead, then the grandchildren can claim a right over the property. According to Hindu law, the ancestral property, passed down from father to son for three generations, is a birthright. However, in case it has been transferred to the name of another after the grandmother's death, the grandchildren cannot claim a share unless they can establish their legal rights as heirs under the Hindu Succession Act.
Sir, the grandchildren do not have right to ask for a share of their grandmother's ancestral property, even though the property was transferred to someone else's name after their grandfather's (grandmother's father) death. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.
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