Right of newly born grandson in grandfather's property
1 year ago
My grandfather has three sons say A, B and C. He died in the year 1951 and at that time only A is married and has a son A1. Thereafter the three brothers lived jointly. Later B and C got married and both were blessed with a son each in 1963 say B1 and C1. In 1964 the three brothers along with their minor children viz. A & A1, B & B1 and C & C1 got the properties partitioned stating that father’s self acquired property is divided as per father’s Will and each family got 3 houses (minors names also included in partition deed). Actually there is no Will but it is mentioned that property is divided as per Will.
Subsequently in 1970 C has one more son C2. In 1974 C sold away the two houses that C’s family received on partition and purchased new property which is registered on C’s name. As per sale deed C sold the two houses as a guardian and on behalf of C1 and C2 who were minors. I want to know if C2 can file a partition suit for share in the new property purchased by C.
Self- acquired properties solely belong to the owner of the property, if there is no will and the owner passes away only then will the children have a claim on the property. The owner of the self acquired property may even wish to disinherit his children from the property if he wishes to do so, hence C2 can not file for a partition suit on the new self acquired property as it solely belongs to C.
Thank you so much, I hope this answer helped you.
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