Family disputes over property.
10 months ago
Hi,
My grandmother's mother gifted 8 cents of land to my grandmother, She had 4 children, she had small hotel. Along with my grandmother all the 4 children worked to maintain the hotel, out of the profits she gained on the hotel she built a house in the 8 cents land which is gifted by her mother to her also she bought some extra land and built house in other area. Now in her 4 children (1 son 3 daughters) all are married at present, my grandmother gave all the property to his son without taking any concern by her daughters. My question is, is it a valid agreement?
A.Dear Client,
By the nature of the devolution of property from the hand Great Grandmother to your grandmother who got 4 children, so following the law of inheritance, the said property is an ancestral property in the hand of 4 children of your grandmother and accordingly all the 4 children got an equal share in the said land and the building constructed upon the land. But the children can not claim a share in the gains of the business which was run by your grandmother from his own resources without any financial contribution of 4 children. As regards the purchase of other lands or buildings by the grandmother, that may be treated as her self-acquired property procured from her own resources. So the children cannot claim the share of the said self-acquired property of your grandmother which she can transfer in favour of any children or anybody as per her choice. But in the case of 8 cents of the land of great grandmother which is an ancestral property in the hand of 4 children, your grandmother cannot transfer the entire ancestral property in favour of one child(coparcener) without the consent of other coparceners depriving the share other 3 children who are equally eligible for an equal share in the said property. So other coparceners/children may sue for partition of the property to get their share in the property and for cancellation of documents by which your grandmother transferred the entire ancestral property to her one child (son) depriving the shares of other three children(daughters) who got equal rights over the ancestral property of their mother under Hindu Succession Act, 2005. For any kind of assistance, you need in this regard, you may contact our legal team for the purpose along with your all relevant papers
By the nature of the devolution of property from the hand Great Grandmother to your grandmother who got 4 children, so following the law of inheritance, the said property is an ancestral property in the hand of 4 children of your grandmother and accordingly all the 4 children got an equal share in the said land and the building constructed upon the land. But the children can not claim a share in the gains of the business which was run by your grandmother from his own resources without any financial contribution of 4 children. As regards the purchase of other lands or buildings by the grandmother, that may be treated as her self-acquired property procured from her own resources. So the children cannot claim the share of the said self-acquired property of your grandmother which she can transfer in favour of any children or anybody as per her choice. But in the case of 8 cents of the land of great grandmother which is an ancestral property in the hand of 4 children, your grandmother cannot transfer the entire ancestral property in favour of one child(coparcener) without the consent of other coparceners depriving the share other 3 children who are equally eligible for an equal share in the said property. So other coparceners/children may sue for partition of the property to get their share in the property and for cancellation of documents by which your grandmother transferred the entire ancestral property to her one child (son) depriving the shares of other three children(daughters) who got equal rights over the ancestral property of their mother under Hindu Succession Act, 2005. For any kind of assistance, you need in this regard, you may contact our legal team for the purpose along with your all relevant papers
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A.Dear Sir,
You may file suit for partition and claim your share normally you have to prove that the said house and hotel was constructed by the Joint efforts of all the four children.
You may file suit for partition and claim your share normally you have to prove that the said house and hotel was constructed by the Joint efforts of all the four children.
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