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SANKARPRASAD (MNGR)     29 March 2024

Leagl rights of children

A father registered ( As a partition deed) some major part of his ancestral property to his minor son ( Son age is 13 Years) . And father himself is the  GPA for that Portion( Mentioned to Son in Partition deed).

At the time of registration this father has only one daughter and one son. 

Partition done only to Son but not to daughter.

After this registration he got another two girls and all girls are living with their families after getting marriage.

Father , His wife and Son Deceased recently.

Father deceased by leaving this property as Undivided  and  Intestate, 

Is that Registered Partition deed is valid? 

Now Son's ( Only) daughter is asking the Right as per partition Deed to his father from his Grand father.

What is the Portion on which the Two daughters ( Who born after partition deed) had a right? How to claim their right..

Pl. suggest.








 2 Replies

T. Kalaiselvan, Advocate (Advocate)     29 March 2024

The property was disbursed by the father to his son by a registered partition deed long ago which was not disputed by  his another daughter existing at that time.

Therefore on getting the property through partition deed, the son becomes absolute owner of the property, in view of it, his daughter as his legal heir has full rights over the entire property lying on her father's name and the the tother two daughters who were born later on are not entitled to any share in it

Shashi Dhara   29 March 2024

When son became major he became absolute owner, unborn daughters at that time cannot claim any right over it.

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