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Property - Grandfather had self acquired property
7 months ago
Grandfather had self acquired property, he partitioned property only to his 3 sons through twenty rupees bond paper with witnesses in 1963..It got registered to his sons, they've sold some property too .. Now his 4 daughters are dead and now the grandchildren from the daughters' side are asking for the property.. . Is this valid ?
A.Dear Sir,
That is happening in many cases. It is maintainable but the result is very far in other words it may take one or two decades to get the positive result by the grandchildren.
That is happening in many cases. It is maintainable but the result is very far in other words it may take one or two decades to get the positive result by the grandchildren.
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A.Dear Client,
The fact that the partition took place in 1963 with witnesses could be important. Proper documentation and witnesses can strengthen the validity of the partition, but whether it excluded the daughters' share or not depends on the specifics of the partition. Most importantly, the owner of the self-acquired property can deal and dispose of the self-acquired property in any manner prescribed under the Transfer of Property Act, 1882 or can bequeath the self-acquired property to anyone he wishes, by way of a will. Therefore, the said claim might be invalid.
The fact that the partition took place in 1963 with witnesses could be important. Proper documentation and witnesses can strengthen the validity of the partition, but whether it excluded the daughters' share or not depends on the specifics of the partition. Most importantly, the owner of the self-acquired property can deal and dispose of the self-acquired property in any manner prescribed under the Transfer of Property Act, 1882 or can bequeath the self-acquired property to anyone he wishes, by way of a will. Therefore, the said claim might be invalid.
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A.Dear Client,
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. By the nature of the devolution of property from the hand of Great Grandfather to your 4 grandfathers, and following the law of inheritance under the Hindu Succession Act, 2005, the said property is an ancestral property in the hand of surviving legal heirs/coparcener who are entitled to an equal share in the said land. But, in case of ancestral property in the hand of surviving legal heirs, you including other coparceners cannot transfer the entire/part of the said ancestral property in favour of any other person without the consent of other coparceners. A self-acquired property of the grandfather is partitioned without a court order or gifted through a registered deed of documents, the title shall not be treated as transferred in the name of the transferee. So in the absence of valid documents of transfer, the property left by grand father shall be treated as intestate. Grandfather's property in the hand of grandchildren is ancestral property. Accordingly, a grandchild can claim a share in the ancestral property of his grandfather
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. By the nature of the devolution of property from the hand of Great Grandfather to your 4 grandfathers, and following the law of inheritance under the Hindu Succession Act, 2005, the said property is an ancestral property in the hand of surviving legal heirs/coparcener who are entitled to an equal share in the said land. But, in case of ancestral property in the hand of surviving legal heirs, you including other coparceners cannot transfer the entire/part of the said ancestral property in favour of any other person without the consent of other coparceners. A self-acquired property of the grandfather is partitioned without a court order or gifted through a registered deed of documents, the title shall not be treated as transferred in the name of the transferee. So in the absence of valid documents of transfer, the property left by grand father shall be treated as intestate. Grandfather's property in the hand of grandchildren is ancestral property. Accordingly, a grandchild can claim a share in the ancestral property of his grandfather
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