claiming of share
ss
(Querist) 29 November 2009
This query is : Resolved
A plot measuring 160sq.yrds. was allotted to my late father under the East Pakistan Displaced Persons Scheme in Delhi against Category (b) of Note 1 under para (v) in the Press Note dt.4.1.66 of Governemt of India,keeping in view of the land revenue receipt submitted by my late father indicating the property held by them in East Pakistan and certificate of bonafied displaced person from East Pakistan. The property is a leasehold property in the name of by late father. My late father had migrated from East Pakistan during Dec, 1948 at the age of 5 years. My father died during Dec, 90 living behind three legal heirs ( widow wife, two daughters) without making any will. The elder daughter has two children (minor). please advise on the following points:-
(i) can I claim three shares i.e myself, and my two minor children in the said property as in my view my children are entitled as the property acquired by late father was in lieu of the property they had in East Pakistan earned by my ancestors in East Pakistan.
(ii) can my father make a will on a property which was in lieu of the property in East Pakistan and not earned by him. As per condition laid down in the lease that the lessee shall not sell, transfer, assign or otherwise part with the possession of the whole or any part of the said land of building thereon with the previous consent in writing of the lessor i.e Govt. of India.
(iii)can other brother and sisters of my late father and their siblings have a claim in the said property or legally entitled to file partition suit.
Raj Kumar Makkad
(Expert) 29 November 2009
1. The property can be divided in 3 shares only i.e. both sisters and mother in equal share and your children separately have no share therein.
2. No. no such will can be made by him and if made can be got nullified in the given circumstances.
3. no.
ss
(Querist) 29 November 2009
I would further like to know your important advice :-
1.Whether my two minor children can claim their share of property in the capacity of grandchildren as the property comes under ancestral one.
2. How the share of widow mother will be divided after her death, whether my two children would be entitled to claim their share from her share.
Suhail suhail
(Expert) 30 November 2009
Well i agree with Mr.Raj,the reply is clearly placed and there is no second thought about it. weather the property is owned or leased what ever rights one has over the property,those rights get transferred to surviving first hand legal heirs,since your father's first hand heirs being his wife,and daughters the property will get divided as mentioned by Mr. Raj.The grand children does not have right to claim the share of their grand father separately as they are entitled to what their father or mother gets as share,and they have no right over the property of their grand father directly,it passes from owner to his legal heirs,and here the wife and daughters are share holders ,and your children will be entitled to the share of your property not from the share of grand father,they are your legal heirs to claim entitlement from the part coming to your share;Now the the other part of question as to what will happen to the share of the wife,it depends upon her what she will desire to do with her share,during her lifetime she is the co owner,and at the end of her life if she makes leaves a will the share will go as per that but in absence of any will the share of mother will get equally divided among the three daughters.
