rights of grand children over property
masilamani.r
(Querist) 31 December 2010
This query is : Resolved
My father expired in 1979,leaving behind agri lands,both self acquired as well as ancestrol,without any will.My mother expired in 2002.Only in March 2010,myselh,my brother and four sisters (toally 6 childs of my father)partitioned the property,by executing a partition deed,by allocating very small portion of the said properties to my sisters.Now one of my sisters son claims that he has right over the properties left behind by my fsther,saying that his mother was cheated by not equally dividing the property and that as major grand child of my father he has rights .All the grand childs (numbering 10) are majors and we have not obtained their consent for partition.Is his claim is correct?Can he file suit for his portion of properties?Is there any law of limitation,if his claim is correct?
Arun Kumar Bhagat
(Expert) 01 January 2011
So long your sister is alive, her sons have no right over the property of your late father. Since his claim is not correct there is nothing to suggest more.
Arun Kumar Bhagat
(Expert) 01 January 2011
For more specific reply I think Mr. Ramchandran, expert of this site will be the appropriate authority as I have observed his opinion in past over similar matter. Wait for the reply from Mr. Ramchandran.
s.subramanian
(Expert) 01 January 2011
The partition can be reopened if the same is not just and equal. Since it is done in 2010,there is no bar of limitation to challenge it.
R.Ramachandran
(Expert) 01 January 2011
In terms of Section 6 of the HSA, 1956, on the demise of the father - his ancestral property has to be partitioned between himself and his two co-parcenary sons in the ratio of 1/3rd each. (There will be no share to the daughters in this).
Since the father died without leaving any will, his 1/3rd share of the ancestral property and his entire self-acquired property will have to be shared equally amongst all the legal heirs i.e. two sons, four sisters and his widow.
Since the widow has died without leaving any will, the share falling to the widow (both ancestral + self aquired portions) have to be shared equally between two sons and 4 sisters.
If the property has not been shared in the above manner and if any of the sisters feel aggrieved that they got lesser share then such sisters can raise an issue. In any case, while laying any additional claim, they have also to explain to the satisfaction of the court as to why did they sign the partition deed.
The property that falls to the shares of the daughters are their personal property. The daughters can do whatever that they like with it. The sons of such daughters (i.e. grandson(s)/grand daughter(s)through such daughter(s)) have no right whatsoever to seek any share in their maternal grandfather's property - whether ancestral or self-acquired.
Kirti Kar Tripathi
(Expert) 02 January 2011
I agree with Mr. Ramachandran. He has explained nicely. Mr. Ramchandran you are authority. I salute you.
