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SHi everyone,
Really need your help (if you think I have a share, please support it with a link or cite the law you’re relying upon.)
My grandfather purchased the land in 1970 and he and my grandmother died intestate. My father and my uncle got an equal share in the land but now my father is threatening to not leave the property to me. We are Hindus and we have never had any HUF in place. Can my father threaten to not leave his half of the property to me? I feel it is very unfair that the property was technically not his (it was purchased by my grandfather) and yet after receiving his share of the land, my father suddenly feels very powerful and threatens me every time that he won’t leave the property to me upon his death. He does this every time I tell him to behave appropriately with my mother.
I have read that after the 1956 HSA, all property inherited by an individual from his parent becomes his self acquired property and he doesn’t need to share it with his children and can will it to whoever he wants. So right now I’m thinking I have no share in my grandfather’s property. But I’m asking all of you here because I have come across Reddit posts where people have said that as soon as the grandfather dies, the property is shared equally with all children and grandchildren. But this is contradictory to the HSA 1956.
Please let me know and cite the links or laws that you are relying upon. Thank you so much.
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BHe can liquidate within his life time and do whatever with the proceeds.
But if he writes it in a will to someone else then you can challenge that under Hindu Succession Act.
If you are prepared to spoil the relationship right now then you can file for getting your share right now in court and prevent him from liquidating
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SRelationship is already pretty spoilt that’s why he’s threatening to not leave my grandfather’s property to me. But on what basis can I take him to court right now? Do I even have a share or right considering HSA 1956 says only class 1 legal heirs (children and widow) will inherit from the grandfather? Also please cite the law or case and whether you’re a lawyer. Thank you for your response.
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BYour flavour of the post says Not a Lawyer … hence expect response from anyone who is not a lawyer but experienced something similar.
Inheritance After Father’s Death:
While the grandchild cannot claim a share in the grandfather’s self-acquired property directly, they can inherit it after the death of their father if the grandfather dies intestate (without a will) and father has not disposed off the property.
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AIn 2005 , Hindu Succession Act was amended and one of the key changes was removal of the doctrine of survivorship. Property is now inherited based on Section 6/Section 8.
If your grandfather died on or after Sep 9, 2005, the property inherited by your father would be considered his separate property.
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VAs per Indian Law, any child has a share in the ancestral property. However not the same for self-acquired property. Even if the ancestral land is sold without your signature, you can claim share from the buyer.
So your dad ‘legally’ cannot deny the ancestral property.
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EAs per HSA it does indeed appear to be as though it will become absolute property but what I vaguely remember reading is that through judgments courts are likely to take a more expansive view and still consider it ancestral property where your succession is involved.
Of course you’ll have to sue. You’ll also need to prove ancestral nature from before grandfather (preferably as far back as you can to make it watertight), you will also need to prove that your father is actually likely to dispose off the property and disinherit you maliciously if you want the court to take a favorable view.
It’ll likely be decided against you in lower courts which judge based on exact law but you might find a favorable verdict in higher courts.
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SThank you for your response. My grandfather purchased the property himself so is it still considered ancestral since my dad inherited it? It did not exist in the family before my grandfather purchased. I’m not after property and money and I’m okay with my dad giving it to me upon his death . But the fact that he’s ill treating me and when I speak out he says “Okay then I’ll sell off the property and not leave anything for you”. This is just wrong which is why I wanted to know if I have a share and if he can maliciously deny me.
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SI don’t want it while he is alive. But he’s threatening to give it away to a charity when he dies unless I jump through hoops for him. So can I legally stake a claim to the property since my grandfather purchased it and my dad inherited it?
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SNAL but literally nothing. You don’t have a claim in your father’s belongings till he die.
Lol my dude.
So basically you don’t really love your dad but want his stuff.
Your father’s love for you is also conditional.
What a fucked up relation!
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SWhy are you judging me? You don’t know the backstory. I only want what my grandfather left behind. My grandfather had a good relationship with me. I don’t want my father’s assets but yes I want what my grandfather left behind.
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Bwhat an entitled asshole, if your grandfather bought it for you he would’ve mentioned that in his will.
play the game or lose the price, you can’t have your cake and eat it too. if you want the property, play nice with your father as he owns it, not you, going through legal hoops and technicalities to lay claim on something that isn’t yours is such a pathetic jackass action.
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