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Krishnakumar KA (-)     29 September 2023

Rights of grandchildren in undivided grandmother's property

I want to know the rights for grand children in late grandmother's property. In this case, grandmother is already passed away. She has two sons in which one son is passed away. The property is not yet partitioned. Elder son has been living in the property since he bought the land in his mother's name. His late younger brother's wife and children filed suit for partition against the elder brother. The case was compromised in Lok Adalat for some amount that had to pay in 3 installments. But the younger brother's family wanted the whole money in one shot. Elder brother could not do it. Now younger brother's family filed execution petition for recovery of money with interest rate. The case is posted for attachment of the same land where elder brother resides.

My question is, can elder brother's children implead as parties in execution petition?



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 2 Replies

T. Kalaiselvan, Advocate (Advocate)     29 September 2023

No, since the elder brother is alive hence his children do not have any rights in the property during his lifetime.

Don't be misguided by false information about the law involved in this.

Krishnakumar KA (-)     30 September 2023

Originally posted by : T. Kalaiselvan, Advocate

No, since the elder brother is alive hence his children do not have any rights in the property during his lifetime.Don't be misguided by false information about the law involved in this.

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How how elder brother can save his share of land from attachment?

 


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