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kunal (student)     08 December 2012

Grandson's right

Following is the problem :

If A is the grandfather. B is A's daughter. C is the Grandson (B's son). D & E are the two sons of A. 

now if supposingly, B signs a contract saying she does not want any share in the property. and signs the same contract. leaving the whole to D & E. the question is, Can C still claim over the property ? even after if B signs the contract and for the same problem , what would be the limitation period?

 

hoping to get this answered soon.



 3 Replies

ankur tripathi (Asst Manager)     08 December 2012

contract means what ... if its a NOC then it can be challanged in court if the daughter backs out after signing the same and her children can claim the property. 

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     09 December 2012

No Daughter's son as opposed to son's son does not have a subsisting right from his birth in the property, and as such a registered relinquishment deed executed by mother is sufficient to deprive him. In daughter's lifetime her children have no right as son's children have. This is logical and natural because daughter's children (son in this case) is a coparcenor in his father's coparcenory and there cannot be no double coparcenoryship furthermore daughters are not the source of coparcenory as per Hindu law. 

 

Bharat Chugh - Advocate Supreme Court of India

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

Stay Connected on Facebook ! www.facebook.com/advocatebharatchughonthelawsofindia

ankur tripathi (Asst Manager)     09 December 2012

bharat what if the daughter is alive in this case


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