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Akhan   07 May 2021

Property right

Mr. A, was cultivating land as Tenant, during Karnataka Land Reforms Act, A filed Declaration was Grant of Occupancy Right, said Land was granted to A by Land Tribunal, Revenue Records were mutated in the name of A as per Land Tribunal Order, after Death of A, said property was partitioned between the Children of A, revenue records were changed as per partition deed.
Whether the Grand Children of A has any Right in the said property.. Kindly advice


Learning

 13 Replies

Trivendra Sharma (Practicing Lawyer 9918411669)     07 May 2021

Grand children are valid successors. 

Pradipta Nath (Advocate)     07 May 2021

Yes Grandchildren have right.

Akhan   07 May 2021

Children of A, willing to sell the property, whether Grand children of A can object the same? 

Trivendra Sharma (Practicing Lawyer 9918411669)     07 May 2021

Children of A, willing to sell the property, whether Grand children of A can object the same? No. 

Pradipta Nath (Advocate)     07 May 2021

Being the property is derived out of occupancy by A and thereafter to the children of A in reference to Section 24 of the Act , how come they are selling it, irrespective there is any objection from the other heirs or not! 

Dr J C Vashista (Advocate)     08 May 2021

The property shall devolve upon LRs of grandchildren of A, if A was a Hindu.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     08 May 2021

Mr. died intestate.

A's son is claiming the property.

Please clarify

  1. How the property is devolved to A and B in the First Place?
  2. Was it through Partition Deed?
  3. Whether A is alive?

Sankaranarayanan (Advocate)     08 May 2021

Need more clarity as pointed by expert Sri sivaramaprasad 

Akhan   08 May 2021

Property was Granted to A by Land Tribunal

A is dead

A's Children are alive

Property was partioned by A's children through registered Partition Deed

Sankaranarayanan (Advocate)     08 May 2021

What objection given by Grandchildren ?  

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     08 May 2021

If the property was devolved to A and B through a Partition Deed as their father died intestate. their children do not have automatic rights on the entire ancestral property.  It is informed that  A also is since died, presumably without any Will, his children shall have right to the extent A's property which he got through the partition deed. If A left a proper Will registered or unregistered, A's property only shall devolve to the beneficiaries of such Will as noted therein. 

 

A's children do not have a right on B's property which he got through Partition Deed.

T. Kalaiselvan, Advocate (Advocate)     08 May 2021

The grandchildren of A are not entitled to any share in the proeprty that was acquired by the grandfather A and subsequently devolved on his own children.

The grandchildren shall be entitled only if their respective fathers are reported to have died intestate.

 

1 Like

Dr J C Vashista (Advocate)     09 May 2021

The facts posted are vague and confusing, that is why the experts are forming their opinion on the basis of presumption, which may not be proper and correct.

It is advisable to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional guidance and necessary proceeding.


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