Upgrad LLM

grandson's right in the property


My father died leaving behind my mother, my younger brother and me (first son) inn 1986. My brother and me both are married. My brother has one son (minor) and myself a daughter. My father owned a house (the only property) which was bought by him in 1978 with his self earnings. He did not write a will. My mother is alive and living with me. 

In 2005 I bought one third share of the property from my brother by way of a Sale Deed by paying him the actual market value (one third of the property's market value) and my mother's one third share by way of Release Deed by paying her the actual market value (one third of the property's market value). Both documents were registered. My brother has signed as witness in my mother's release deed and my mother and my brother's wife have signed as witness in my brother's sale deed. Added to this I also got  notarised 'No Objecton Letter' from my bother and his wife for my mother's release and from my mother for my brother's sale.

In this circumstances is there any right in the above said property for my brother's son.

Elango

 
Reply   
 
practicing advocate

It is an ancestral property your brother's son can claim his share in the share of his father.

 
Reply   
 


Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

Dear Elango,

I have the following to opine :-

1. Property inherited from paternal ancestors (in this case father) is ancestral property in the hands of a person vis-a-vis his own children. 

2. As a direct result of which such children - i.e your daughter and brother's son have equal shares with you from the point of their birth. This means that the 1/3rd released by your brother would be effective only the extent of his shre in the said 1/3rd i.e 1/6th. 

3. His son has 1/6th with him, to alienate which Karta of family (his father) can alienate only for legal necessity, benefit of estate until he reaches majority. 

4. In the fitness of things - permission from local magistrate would also be required from his natural/legal guardian (father) and the court may or may not allow the relinquishment of his share depending upon benefit to minor from the transaction. 

 

Feel free to talk !

 
Reply   
 

I have a case on similar lines and would really appreciate if I can get any helpon this.

My Grand father bought a property in 1947 and didnt do a will when he passed away. He had two sons and a daughter. The daughter and the wife of my grandfather signed a no objection certificate and signed the property on the names of two brothers.

The older brother, emotionally blackmailed the younger brother and gave him 48000Rs only (much less than the property values that time) and made the younger brother sign the property in his name. The division happened in 1978. The older brother has been living there with his wife in that house since. They have one daughter and the last time we heard they have transfered the property in their grand daughters name.


Current situation. I am the daughter of the younger brother and feel that it was sheer unjustice to me, and  my older sister and our childern. Do you think is there any way possible for me or our kids to fight a case and ask for a rightful share? Any suggestion/help/answers would be greatly appreciated.

Many thanks!

 
Reply   
 

 Is it not right to assume as per the Hindu Succession Act 1956  My mother, My brother and Myself are the ones who will inherit the self acquired property of my father since we are rthe Class I heirs of my father.

(RULE 2 OF THE ACT: The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:-

Rule 2.- The surviving sons and daughter and the mother of the intestate shall each take one share.)

Elango

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x