The grandfather property rights to granddaughter depend on many factors. Let's discuss them according to Hindu and Muslim laws.
Hindu Law:According to the Hindu Succession Act, of 1956,
rights of granddaughter in grandfather's property and rights for
married granddaughters are based on the following conditions:
If the property is ancestral, according to the 2005 amendment even married daughters and their descendants are considered coparceners and have an equal right to inherit.
If the grandfather was alive on September 9, 2005, the rights would work according to the amended law. If he was not alive, the rights would arise before the amendment.
In the Mitakshara school, the married granddaughters may have inherent rights in ancestral property. In the Dayabhaga school, married granddaughters do not have inherent rights in ancestral property.
Under Muslim personal law generally,
granddaughter right on grandfather's property
are slightly different.
In Muslim law, a person can distribute their property through a will (wasiyat). A grandfather, through a valid will, can leave the property for married granddaughters.
- Islamic Inheritance Rules:
In the absence of a will, the distribution of property is governed by the rules of Islamic inheritance (Sharia). The married granddaughters can inherit from their grandfather's property, but the share can be smaller than that of male heirs.
It's important to consult with legal experts to understand the granddaughter's right to her grandfather's property.
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Children’s right over their parents' property is very clear and most people are aware of it but many people are still in a fix about a lot of rules related to property claims. One of my friends is studying law and I once heard her talking on this subject. I was curious to know can granddaughter claim grandfather property. So I talked to her about it and finally had an answer to does granddaughter have rights in grandfather property in India.
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What is the right of a granddaughter on her grandfather’s property?A granddaughter has no right over her grandfather’s daughter directly as per the Hindu Succession Act of 1956. They cannot claim anything if the father or mother (having a relationship with the grandfather) is alive. I hope this already answers can daughter claim grandfather's property or not. But this will not always be the same. If the grandchild enjoys coparcenary rights, he or she can claim the rights of their grandfather’s property.
Does granddaughter have rights in grandfather property as per Islamic law?
As per Muslim law, the rights of grandchildren will solely depend on what is written in the WILL. But in their law as well, the son or daughter enjoys the first right and then the grandchild.
I hope you have understood the unmarried granddaughter rights on grandfather property. But I will suggest you seek a legal expert’s advice before claiming or giving up your right to property.
The concept of can granddaughter claim grandfather property or not should be clear to you now.
Read More:Can daughter claim mother’s self acquired property?
Can daughter claim father’s self-acquired property?
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- In the case of a self-acquired property which is bought by self-earnings, a granddaughter cannot claim rights.
- But, in the case, when the property is ancestral, that has been possessed by at least four generations, a granddaughter can claim her rights.
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What are married granddaughter rights on grandfather property?
Kittu2736
9336 Views
3 Answers
2 Year
2022-08-04T16:52:28+00:00 2023-02-15T21:36:22+00:00Comment
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