Asked September 30, 2016

Right of grandchildren in grandfather's property

  • 2 Answers

My grandfather had 8 acre of property in his name. He has 5 children:1-elder son, then 3-daughters, then 1-younger son. My grandfather had suddenly expired in 2008 due to brain hemorrhage and instantly within a month my grand mother also expired. Then the 2 sons sold the 8 acre property to some seller in 2011 and 3 daughters have signed by giving them some traditional amount and all other amount was shared by 2 sons. I'm elder son of my grandfather's 1st son, I was 21 yrs old when this happened, and i was unaware about all this as I was busy with my studies. We are 3 siblings: 2 boys and 1 girl. While my brother is 20 yrs now and im 26yrs. my grandfather's younger son got 2nd marriage in 2011 as his 1st wife expired in 2005. He have 2 boy kids now 1 is 4yr other is 2 yrs. My grandfather''s 2 sons don't own any property now. I came to know last year that my grandfather's property was sold and got shared to 2 sons. I remember my grandfather gave a word that his property would be shared to his grandchildren. But now we 4 grandsons don't have any property for our future. Can I know is there any right that grandchildren to fight for this property. What are the chance for me and my brother to fight for this property so that we 4 grandsons can have even share for our future. Please help your guidance would be a great helpful. 

Answers 2

Sir, first you must understand the nature of your family. If it is a Hindu Undivided

Family only then will you have the right to claim your share of the property.

To do so you may file a Declaratory suit for Recovery of Possession under section

8, Specific Relief Act, 1963 and a consequential relief of Partition. Or you can also

institute a Suit for setting aside the sale deed executed in favor of third parties by

your father and uncle. If yours is a HUF then your consent must be taken for sale.

You must prove before the court that you had no knowledge of the fact of this sale

and your Right to Ancestral Property under under Hindu law was violated.

Agree Comment 0 Agrees almost 5 years ago

First of all you all the grandchildren jointly serve a legal notice through a lawyer upon sellers and buyer and thereafter file a suit for declaration,partition,cancelllation of sale deed,possession and injunction will get your share in the property propvided your grandfather had not executed a Will barring all grandchildren. For details, clarification and or legal help you may contact me through this site.

Agree Comment 0 Agrees almost 5 years ago

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