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Property Partition Challenged
7 months ago
Grandfather had self- aquired property.He had 3 sons and 5 daughters. He partitioned property in 1963 through twenty rupees bond paper with witnesses ,while he was alive to only his 3 sons, panchayat parikatha also happened during that time..
Now all the daughters are dead, his grandchildren from daughters side have put a case in the court for their mother's share , 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. The panchayat parikatha may have relevance, but its legal significance depends on various factors, including whether it was conducted in accordance with local customs and laws.
A legal heir has no right in the self-acquired property of his parents, unless the contesting legal heir can conclusively prove that he has contributed towards the acquisition of the property and is a co-owner of the property. 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.
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. The panchayat parikatha may have relevance, but its legal significance depends on various factors, including whether it was conducted in accordance with local customs and laws.
A legal heir has no right in the self-acquired property of his parents, unless the contesting legal heir can conclusively prove that he has contributed towards the acquisition of the property and is a co-owner of the property. 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.
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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 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 grandchild can claim a share in the ancestral property of his grandfather.
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