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Author Topic: Do grandchildren have right to get their share of property from grandparents?  (Read 517 times)

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Offline Refugee

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Hi,

I filed for a divorce with my husband in 2014 after 7 long years of torture. It had been a painful marital period and I suffered a lot due to harassment given by him and his family members. I filed for divorced after getting separated from him in 2014. After 3 failed attempts of mediation, my husband's lawyer have been playing the game of postponing the case as much as they can in order to harass me more and finally want me to give up.

Currently my lawyer is suggesting me to put a property suit against them. The property was self acquired by my husband's father in 2006. Few years later, he deceased in 2011 and he is currently sustained by his widow and 2 sons. I am wife of 2nd son and I have a daughter. Can I put a case in my daughter's name? How much share is he entitled to?

Offline advjaibansal

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Dear Ma'am,

Under the circumstances as explained by you, where grand father expired and left behind a property, the grand children have their right in the property. Please file a suit for partition on behalf of your children. I mean children filing a suit through you.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline rajgopal sripathi

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Hi
My reply to your query is based on the assumption is you are Hindu's and governed by Hindu succession laws.

if it is the  self acquired property of the Grand father, then the property will devolve on his legal heirs.(SON, MOTHER, Daughter).

with reference to grand children, Son of a living son or Daughter of a living son are not legal heirs and hence will not succeed to the properties of the grand father.

However your minor daughter can through you (as a natural guardian and next best friend),can claim for maintenance from the properties that her father had obtained from her grand father and courts can order attachment of properties in lieu of maintenance.


Hope this helps.
Thanks
« Last Edit: June 09, 2016, 06:42:09 AM by rajgopal sripathi »
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

Offline Refugee

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Thank You for your reply, Sir.

I wanted to ask one more thing regarding visitation, he has been prolonging the case only with the point of visitation. He asked for visitation of 4 Sundays in a month, but that's practically not possible and he has asked for whole Sunday (morning till night) just to brain wash me and my daughter. He is so adamant that he just wants it what he asked for. After bearing all his torture we had mediation for 4 months and we settled it for 3 Sundays and on the day of signing the agreement he put conditions on me like - I should not leave the city, my daughter should continue till 10th in the same school, I should inform him whenever the child is ill and he will come along to the doctor, in the weekdays if he wants to visit the child he can take her home for 1 hour or so. I was really shocked hearing all this and its practically impossible for anyone to accept such conditions. I could not agree so the mediation failed. And now its back in court since 6 months.

I really feel so tortured and harassed, the courts are so slow and I am worried that my case will be dragged for another 5 years. It is said that "Justice delayed is Justice denied". I find myself on the verge of losing side and I am struggling very hard.

Is there anyway that I can retaliate and bring him on to his toes?

NOTE: Regarding the Property matter, those people are well aware of it and very much prepared for it. I can guarantee that their lawyers have a proper plan in mind to harass and defeat me.

I feel so helpless, please help.
« Last Edit: June 14, 2016, 07:20:20 AM by Refugee »

 

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