partition suit
8 months ago
F grandfather has a self acquired property. He has shop and house.after his death his wife made a will in favour of three sons namely roshan sahil and raj. Now roshan lal , sahil and raj has there own childrens. roshan has two sons and one married daughter name priya. after marriage she did not no what happen and how property disributed. she gets jama-bandi and her name is not there. instead of this roshan lal, sahil and Raj has a share in property and roshan lal wife ,sahil wife and raj wife also has share. now roshan lal both sons got share according to jama-bandi but daughter name priya is not mention. one of the son of roshan lal i.e ajay file a partition suit against his uncle sahil and raj(chacha). my question is
Is priya can file suit for partition suit against brother ajay?
is coparcenary is establish in this case ?
is grandmother can made a will?
can priya claim share as her father is still alive?
If your grandfather passes away living his self-acquired property intestate, then all the surviving legal heirs are entitled to an equal share in the said property. In that case, your grandmother can not make a will for the entire property except her own share in f/o three sons in the absence of partition of property. Irrespective of class of property, the property of the deceased Grandfather is ancestral property in the hand of grandchildren. Accordingly, Priya being a grandchild and a coparcener of the said ancestral property can file a partition suit claiming her share in the property as per Hindu law of inheritance.
All property inherited by a male Hindu from his father, father’s father or father’s father’s father, is ancestral property. The essential feature of ancestral property according to Mitakshara law is that the children, grandchildren and great grandchildren of the person who inherits it, acquire an interest, and the rights attached to such property at the moment of their birth. As in your case, the grandfather has passed on his self acquired property to his children, it becomes ancestral and Partition suit can be filed
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