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Grandfather property belongs to whom?

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3 2021-09-23T16:43:36+00:00
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Inheritance laws in India are varied and are mostly dependent on the personal laws of each religion. If you ask someone grandfather property belongs to whom, they might not be able to tell you an exact answer because laws are slightly different for Hindus, Muslims, and Christians in the country. Let us try to find an answer to this question here.

Inheritance of Grandfather’s Property by Grandchildren

The inheritance of property is based on various factors. In hindu households, there is a concept of ancestral property and self acquired property. Let us first look at them and the inheritance of the same.

Ancestral Property:

When it comes to ancestral property, the grandchildren inherit their share of property. They are entitled to inherit this property by birth. The property is distributed such that if father gets 50% of the property share then the grandson will inherit 25% share of the grandfather’s property.

Self Acquired property

: In case of self acquired property the grandchildren do not automatically inherit this property. The property is distributed among legal heirs as per the will created by the grandfather. In the absence of the will, rules of Hindu Succession Act are applied. The distribution of property is done among class 1 heirs which includes spouse, children, and siblings. 

When it comes to the question of grandfather property belongs to whom in Muslim Law then you must know that the distribution of property is completely as per the will of the property holder. If he dies intestate then the property goes to wife, daughter, any daughter or son, father, paternal grandfather, mother, paternal side grandmother, full sister, consanguine sister, uterine sister, and uterine brother. The shares of the property are decided as per their personal law. Similarly, in Christian law of succession the property is passed on to the spouse and children where half the property goes to wife and rest is divided among children if the person dies intestate. 

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In general, the ownership of a grandfather’s property depends on various factors, including the type of property and the legal framework in place. Here are some common scenarios related to property of grandfather belongs to whom:

Self-Acquired Property:

  • If the property was self-acquired by the grandfather (i.e., purchased or inherited), it belongs to him during his lifetime.

  • Upon his demise, the property typically passes through inheritance to his legal heirs, which may include his children (including the father of the grandson) and grandchildren.

Ancestral Property:

  • Ancestral property refers to property that has been passed down through generations without any specific individual acquiring it.

  • In this case, the grandson has a right to the ancestral property along with other legal heirs (such as his father and uncles).

Will or Intestate Succession:

  • If the grandfather left a valid will, the property distribution will follow the terms specified in the will.

  • If there is no will (intestate succession), the property distribution occurs according to the applicable laws of inheritance (such as the Hindu Succession Act, if the family is Hindu).

This should give you a clear understanding of who are legal heirs of grandfather's property.

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