Intestate property

Querist : Anonymous (Querist) 13 June 2020 This query is : Resolved
Property lies intestate for more than 4 generations. The 4th generation beneficiary gets absolute and full rights over the said property having all the rights of alienation. Can there be any restriction by law restraining the said beneficiary enjoying the said property absolutely as his own personal property in exclusion of his legal heirs. Kindly elaborate the pros and cons in this position of the 4th generation beneficiary.

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This discussion explores the rights of a 4th generation beneficiary inheriting intestate property. While it might seem like absolute ownership, under certain laws, particularly Hindu law, if the property remains undivided ancestral property, the beneficiary may not have full rights of alienation. Coparceners can have rights by birth, limiting the beneficiary's ability to dispose of the entire property as their own, except in cases of legal necessity for the joint family.

Dr J C Vashista (Expert) 14 June 2020
The intestate property inherited by 4th gen person can be enjoyed / disposed by him/her for his / her share .
What do you want to know from the question as " ....pros and cons in position of 4th generation beneficiary", if it is not an academic exercise ?

P. Venu (Expert) 14 June 2020
The posting is a proposition than a query. It is for you to do research and ascertain its validity.

Rajendra K Goyal (Expert) 14 June 2020
Whether there were more heirs in between four generations?
Whether property was never partitioned in between?
How many brothers / sisters / sons / daughters you have?

Rajendra K Goyal (Expert) 14 June 2020
The property would have the ownership of all intervening heirs / coparceners by strip.
If you are Hindu, property was not partitioned from last 4 generations, it can be ancestral property, all coparceners have share in it by birth.
Show all documents to local lawyer and discuss.

kavksatyanarayana (Expert) 14 June 2020
What is your problem? state full facts to get more replies.

Raj Kumar Makkad (Expert) 14 June 2020
I think the facts are more than sufficient to reply though the query is academic than the actual but keeping in view the tradition of this site, we all are duly attending such queries.

I presume that parties are governed by Hindu law and as such the said property in the hands of 4th generation in the sequence told by you, becomes coparcenary and as such he has not absolute right over the entire property. He can dispose of only his share in the said property except in case of legal necessaity for the benefit of the joint family/coparceners.

Rajendra K Goyal (Expert) 15 June 2020
You said;
Can there be any restriction by law restraining the said beneficiary enjoying the said property absolutely as his own personal property in exclusion of his legal heirs.

Reply:
From the given facts it is ancestral property, coparceners have right on the property from birth. Said beneficiary is not the absolute owner.

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