Upgrad LLM

right of grand daughter in inherited property


Hello all,

here i would need your advise on the foll case .

There is a undivided ancestral property which has been devolved upon the class1 leagal heirs i.e 2 sons - A ,B and 1 daughter - C.

Mr X - son of mr A  has thrown his wife and his new born daughter out of their house as he and his family didnot wanted a girl child. During the litigation under dv act the MM didnot gave the wife and daughter the right of residence stating that they will not be safe, and the wife and daughter can approach the appropriate forum for their property rights. Now Mr X has filed in divorce petition, therefore wife as a guardian of her daughter and on behalf of her has moved an injuction suite for seeking partition/share in thier ancestral property from her grand father. 

Now to damage thier claim the grand father (mr A) falsely  states that he has sold the property.

pls advise.........

 
Reply   
 
lawyer

The grand father needs to prove the sale of the property.

Even if the property is sold, the said sale is void due to the miinor's right in the said property. The said transaction can be annulled. Otherwise, an amount in proportion to the share of the child can be demanded from the grand father.

 
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Utill unless X is alive his wife and daughter can not claim any share in ancestral property .....if grandfather made wrong statement in court regarding selling of his property then he can be prosecute for contempt of court .....in divorce petition wife can claim or take maintenance from her husband.... 

 
Reply   
 
ADVOCATE

wife is allowed maintenance from her husband for self and daughter. as regards the share in the property, since x is alive, the inheritence does not pass on. if the grandfather has made a false statment in the court, then he can be prosecuted

 
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ya agreed

 
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Dear Sir,

Thanks a lot for your response............

To safegaurd the  right of the minor the Ld judge has granted the stay on not creating the 3rd party interest i.e. now they cannot sell/transfer it to anobody.

Now the petitioner is looking for the stay on the construction of the said property as otherwise once the constrctn will get over, the respondents will have an excuse that the partition is not possible bcoz of its site plan.

 

 
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now the grandfather has produced the sale deed in the court stating that he has sold his share of undivided property...Now when he states that it is undivided share then how can he sell the property where the other leagl heirs have not signed the sale deed.

 
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