Claim in fathers property
mohammed intesaruddin
(Querist) 21 November 2014
This query is : Resolved
my father has 4 brothers to share their fathers property but in the life of their father he divided the property among three sons leaving my father writting a kararnama that my father has dispelled fro the property now my grand father has died and he left the remaianing land can my claim that land as a son as the other 3 brothers already got their shares in the form of gift deed from the father please help me in this regard
ROHIT SHARMA
(Expert) 21 November 2014
Dear Mr. Mohammed Intesaruddin,
1. You will have to dig into the fact that whether the property that which your grandfather had distributed was his own or was it that he had also inherited such property from his father.
2. If the latte is true then such karanama can be still challenged on the grounds that you and your father are the co-parcerners and no one co-parcerner at the will of the other co-parcerner can be divested of his share in such property.
3. The share of your grandfather that was not divested by him to his three sons can be claimed as by right of inheritance by your father.
Raj Kumar Makkad
(Expert) 21 November 2014
There is no theory of coparceners or succession like Hindus. Your grandfather was very well within his rights to debar your father from his properties and the same situation still continues.
