Hesitance of property of gf

Sridharan, when the facts of the case are very clear, regarding the position and status of the parties in litigation, no citations is necessary, be it High Courts or the Supreme Court.Citation is necessary only when the arguments of the counsel is doubted by the Judge, but when the facts with regards to the status and  position of the parties is clear no citation is required, A judge is expected to give his own judgment and not to borrow a judgment from elsewhere. Statue law and the science of jurisprudence are ordinarily enough for him without aid of annotation by another learned judge.

It is believed that you are all Hindu!

What is nature of the land; agricultural, rural, urban?

It falls in which state?

The grandfather is paternal or maternal?

The Grandfather is alive or not?

By which mode/deed Grandfather as posted by you; portioned the said land amongst his sons?

Say; Gift/sale/WILL/settlement/oral partition/written partition deed/MoU/transfer etc etc ?  Is such deed registered? Were the boundaries mentioned in said ‘portioned’?

Subsequent to said ‘portioned ‘was the mutation record updated and sons name updated in mutation records as owners?

Did they obtain the updated mutation records?

Who signed the said partition deed; ‘One son’ or Grandfather?

Was this partition deed registered?

Who signed the said sale deed as seller; ‘One son’ (who signed the said partition deed for his sons) or Grandfather?

You have posted that the land is self acquired in the hands of Grandfather and the said wife/daughter in law is still not divorced by decree of divorce from court of law!

The Wife/Daughter in law has NO forced share in self acquired estate/property of Husband/ Grandfather in law/Father in law/anyone from in laws side.

The wife is not Co-parcener is ancestral property of husband.

The son/daughter has NO forced share in self acquired estate/property of Grandfather /Father.

If Grandfather has not portioned the said land by a valid/registered deed he may very well be the owner of the said land and said Wife/Daughter in law has NO forced share in the said land be IT; self acquired or ancestral !

She can ask her husband to provide residence per right to residence and husband can provide rented accommodation.

In case peaceful life of Grandfather is being disturbed h can evict the sons, daughters in law, grandsons, granddaughters in law and seek quick, most economical recourse under:

Maintenance and Welfare of Senior Citizens (MWPSC) Act, 2007

https://socialjustice.nic.in/writereaddata/UploadFile/Annexure-X635996104030434742.pdf

and rules framed under the Act in the state.

He can also claim the maintenance from relatives.

GO thru the explanation of relatives in the Act, Rules and decisions under the Act.

Assuming that Grandfather has portioned the said land by a valid/registered deed and further his son has also partitioned the portioned land by a valid/registered partition deed:

The property that devolves by valid/registered partition deed id of nature self acquired.

The said son/grandson  facing divorce case is owner of the said land and can b his free will dispose the said land in anyone’s favor in his life time by a valid/registered deed……………….e.g; Gift/sale/WILL/settlement/ partition etc etc ……………..

He can offer and provide right to residence in the same land if residential premises are built on IT or anywhere else even if IT is rented accommodation……….

You have been provided with sufficient inputs......