Last Updated:
Property Dispute: Many times it has been seen that the family shifts to the city and the grandson does not get the right in the village land. The grandfather and uncle living in the village are also reluctant to give him a share in the property. In such a situation, what rights does the grandson have and how can he claim?
Property Right: It has been seen many times that the youth of the family go out to study or work or their entire family starts living in the city. In many cases, after the death of the father, the son faces difficulties in taking share in his ancestral property. It becomes difficult for him to return to the village and ask for his share from his grandfather and uncle. Many times, it is even said that the grandfather and uncle will give them a share. In such a situation, what options are left for the grandson for his rights and what path can he take to claim his property?
Generally, family property disputes are resolved by sitting together, but if this fight reaches the door of the law, then it may take a long time and both the parties may have to suffer losses. Therefore, before proceeding further, let us know how much right the grandson has in the grandfather’s property, even if the grandfather himself does not want to give it to him. If the father is alive then it is easy for the son, but if he is not there it becomes more difficult.
How much is the grandson’s rights?
The extent to which the grandson has rights over his grandfather’s property depends on the type of property. It is determined according to the Hindu Succession Act 1956. First of all you should understand that there are basically two types of property. The first is ancestral property and the second is earned through one’s own hard work. The grandson has different rights in both the properties. If the property is ancestral, then the rule of inheritance will directly apply to it and this property will go to the grandson. If the father is alive then the property will first go in his name and then in the name of the son.
Grandfather created wealth by himself…
While the grandson gets rights in the ancestral property by birth, he does not get direct rights on the property acquired by the grandfather himself. This category includes such assets, which the grandfather has created during his lifetime by working or has acquired wealth through business etc. This type of property includes shop, flat, land, house and commercial properties. The grandfather is the sole owner of such property and he can give it to anyone as per his wish. If he wants, he can donate it to someone or even sell it. However, if the grandfather wishes, he can also give this property to his grandson.
What if there is property without a will?
If the grandfather did not give the property created by himself to anyone and he dies without making a will, then Hindu Succession Act will be applicable on this property also. In such a situation, the property will be divided according to the order prescribed in the law. In such a situation, the first priority on the property will be equally given to the grandfather’s wife i.e. grandmother and all his sons and daughters. However, if the father is not there then the grandson will have the right to claim this property also. According to the law, in such cases the grandson gets his father’s share and also has his rights.
Do I still have rights even if my father is alive?
Hindu succession law is considered very strong and in this the grandson gets the right to the property as soon as he is born. Even if his father and grandfather are alive, the grandson gets the right to demand his share in the property. This means that he can distribute his share of the property even when his father and grandfather are alive. However, the grandson does not have the right to directly claim the property created by the grandfather himself.
How to claim your rights
- First of all, thoroughly examine all the important documents of grandfather’s property.
- These documents include property registry, grandfather’s will made if any, records of dismissals, Khasra-Khatauni and other land related records.
- First of all, try to settle the entire matter through talks, for this you can take the help of relatives and mediators.
- If the property dispute is still not resolved then you should approach the civil court. For this you can file a case for partition of property.
- Present your case in the court through a good lawyer and after waiting for some time, you can get your share in the property.
