Property
Guest
(Querist) 12 March 2014
This query is : Resolved
Q)My Grandfather sh. B.k gupta purchased a house in 1958 by his own income. in 2006 he died without making any will. after that wife of sh B.k gupta divide the house by way of mutual settlement amongst her sons. all the sons spend huge amount on the renovation of their respective share. now i want to know does that house is ancestral for the respective share holders or self acquired in the eyes of law? can grandson or great grandson of sh. B.k gupta claim right over that house? mutual settlement is duly registered. whatdoes hindu succession act says in such case? Q)in continuation of the above cited query if any shareholder sell his respective share and purchase another house or property what will be the status of that purchased property in the eyes of law? self acqired or ancestral can coming generation claim on the pretext that new property have been purchased by selling old property?
adv. rajeev ( rajoo )
(Expert) 12 March 2014
Great sons can claim their share in the share of their father, because it is an ancestral property to them.
Up to 3 degree share share can be claimed.
ajay sethi
(Expert) 12 March 2014
it was self acquired property of grand father . on his death duly stamped and registered family settlement has been arrived at wherein house is divided among his sons .
grand sons cannot make any claim on said house .
R.K Nanda
(Expert) 12 March 2014
agree with experts.
T. Kalaiselvan, Advocate
(Expert) 13 March 2014
Though the grandfather died intestate, his self acquired property was duly partitioned among his three sons who were the legal heirs by their mother who was also one among the legal heir. Thus, the intestate self acquired property of grandfather which devolved upon his legal heirs was properly disposed hence the grandchildren have no claim in it.
R.V.RAO
(Expert) 14 March 2014
it is not ancestral property.
to satisfy the test of ancestral property,i understand that it starts with
property of great grand father,
to grand father,
to father and
to son.
in the case of queriest , property being purchased by the grand father,it is his self acquired property, left intestate by the deceased and duly and legally devolved on class 1 legal heirs.
actually Mrs.B.K.Gupta is also a class1 legal heir being widow of the intestate late bk gupta . but it is seen as per the query that she has foregone her share and divided the property among her 3 sons.
as far as the future sales of respective properties of each of the 3 sons are concerned,each son can sell /gift/dispose their share as they like ,since there is a distinctive division of the property among the 3 sons,who are now absolute owners of their respective shares due to the registration of the settlement deed by their mother in their favor.
