Right of partition

unique horn (Querist) 13 February 2020 This query is : Resolved
Dear Experts.

Grand father execute a "will" of his self acquired properties to his son as - " You and your heirs shall enjoy the properties" and died.
Father divided the properties with his son in ratio 1:1.
After partition another son born, does this after born son has right in the whole properties or only to his fathers share?
Kindly answer my Query thank you

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A grandfather willed his self-acquired property to his son, who then partitioned it with his own son. When another son was born after the partition, questions arose about his inheritance rights. While generally an after-born child doesn't have rights during the father's lifetime, they are entitled to inherit their father's share upon his intestate death. However, some legal interpretations suggest an unborn child can have rights to a share of the property bequeathed by the grandfather, even after a partition deed has been executed.

KISHAN DUTT KALASKAR (Expert) 13 February 2020
Dear Sir,
Between the lines it has to be read normally the after born child may not be eligible to claim any share.

Raj Kumar Makkad (Expert) 13 February 2020
Such lately born son has got no right in the property during the life time of his father but on the demise of his father intestate, he shall be entitled to inherit the property of his father only as per his share in inheritance of his father.

kavksatyanarayana (Expert) 13 February 2020
Yes. that lately born son has right with other legal heirs over the self-acquired property of his father, if the father died intestate. The born has no right during father's life time and father may dispose it as he wishes.

R.K Nanda (Expert) 14 February 2020
agree with above experts.

Advocate Suneel Moudgil (Expert) 15 February 2020
sufficiently answered by the experts

T. Kalaiselvan, Advocate (Expert) 21 February 2020
The child born after executing the partition deed between the father and the first son, is also entitled to a legitimate share in that property bequeathed by a Will by the grandfather.
This is called as the rights of the unborn child.
In fact the child born dead also is entitled to such rights which will be conferred on its legal heirs.

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