One of my client's father acquired the property under registered Partition Deed (the property is ancestral), subsequent to intestate death of his father all the brothers and sisters have released their joint right by way of registered release deed in favour of my client. I would like to know whether legal heirs of brothers and sisters of my client can claim any right over the said property. The release deed has been registered in the year 1990.
Yes offcourse legal heirs of predeseaced brothers and sisters have birth rights in their ancestral property. Birth rights in the ancestral property devolving up to son, son's son, and son's son's son and daughter, son's daughter and son's son's daughter.
But above said persons should be exists of their rights at the time of execution of Release. Subsequent birth rights in their ancestral property cannot claim.
IN THE HIGH COURT OF DELHI
Decided On: 24.09.2007
Appellants: Master Gaurav Sikri and Anr. Vs. Respondent: Smt. Kaushalya Sikri and Ors
In this case Delhi High court of held that son's son during the life time of son would not inherit from the grand father.
Still iam researching on this issue.. if i found i will share with you..
Harinarayan R. Tripathi
(Expert) 11 July 2009
In reply of your query, Mr. Sanjeevbhai have given a very well and valuable answer.
However, I say that once the property is ancestral than by its very nature, transfer of ancestral property compulsarily needs consent of other interested partys i.e. family members, but they needs to be in existance at the time of transfer of the property (including a child in womb).