Partition
Gopalacharyulu
(Querist) 13 June 2018
This query is : Resolved
Respected advocates,
issue belong to Hindu family about partition of ancestral property
Varamma W/o Ramalingam,have two sons 1) Murali 2) chandramouli.Ramalingam inherited his properties which are ancestral in nature.After ramlingam died, Varamma and her 2 sons went to high court for partition of property , the hon'ble court decreed that Murali get 44% , chandramouli get 44% and varamma get 12% share from the said property.Later her second son Chandramouli passed away, upon his death varamma went to court with her son claiming chandramouli share and court granted another 8% to her . now she is also died but before her death she gift deeded her entire share which is 20% to her grandsons ( murali sons) even when her son is alive at the time of gift deed.
My Questions are:- 1) is that gift deed valid ? 2) can Chandramouli sons ( two sons and one daughter) claim any share from their grandmothers part?
Ms.Usha Kapoor
(Expert) 14 June 2018
Since Varamma got her share of property in partition it is equivalent to self acquired property. so she can deal with that share in any manner she likes. She gifted the property to Muraliy's children. Chandramouli or his children has no rights in Varamma's share or property.The gift in favor of Murali's children is perfectly valid.
Guest
(Expert) 14 June 2018
No competitive advice is seen, as against Ms. Usha Kapoor. So, what was the logic of sticking to her view in the absence of any challenge?
Guest
(Expert) 14 June 2018
No competitive advice is seen, as against Ms. Usha Kapoor. So, what was the logic of sticking to her view in the absence of any challenge?
