Hindu succession
kkkavya
(Querist) 17 September 2014
This query is : Resolved
Hi respected sir/madam,
Please help me with my query,
My aunty aged about 65 years, Hindu, Widow, has two children, (1) daughter who was married about 30 years back and in husbands house with 2 sons and (2) deceased son who expired in 2008 leaving his wife and 2 minor children.
My aunt has inherited about 4 acres of land from her dead husband and some 4 acres from her father.
My aunt her son and daughter entered into a registered relinquishment deed cum single partition deed in the year 2005 and as per the deed, my aunt's daughter was alloted a share in her father's property and she relinquished her rights in any other property belonging to or to be owned by her mother or brother.(at this time my aunt had still not got her father's property thought her parents had expired)
Subsequently My aunt and her sister ( only children of thier parents) entered into a partition deed in 2007 in respect of the property they inherited from thier parents.
My aunt has executed a registered will in favour of the minor grand children.
Now my aunt's daughter is threathing that she will approach the court for re-partition and that she should get equal share in all the property. Can she ask for re partition?? does she have a right even on the property inherited by my aunt from her parternal side??
Should my aunt approach the court ??? she is old and her daughter in law is uneducated and they depend on this land for a living. Kindly suggest what should be done.
Thank you.
Devajyoti Barman
(Expert) 17 September 2014
No, her daughter can not challenge the partition deed. it is unlikely to be set aside unless it has any other legal defects.
Rajendra K Goyal
(Expert) 17 September 2014
In the given facts there seems little merit in their favor. Agree with the advise of the expert Devajyoti Barman ji.
ajay sethi
(Expert) 17 September 2014
agree with Mr barman
Raj Kumar Makkad
(Expert) 18 September 2014
The daughter of your aunt has no legal right to challenge the partition deed executed between your mother and your aunt.
kkkavya
(Querist) 19 September 2014
Thank you experts.
Experts I have one confusion. We approached an advocate yesterday, he told us that since my aunt has aquired her parental property after the partition between her and her children, her daughter has a right in that property and can sue her for the same but the advocate who drafted the partition says that parental property of a women is her self aquired property and she can sell without her daughters consent or make a will in favour of a third party also.
Kindly tell me which is correct.
Thanking you all again.
