Gururaj Shivananda 18 September 2022

Rights on ancestral property on 5th generation

My great grandfather purchased land from x in 1930s.

The land passed on to my grandfather intestate. From my grand father passed to my grand mother. From my grandmother intestate to my father and uncle.

My grandfather had 2 sons & 2 daughter. 1 son a& 2 daughters passed away few years back.

I and my cousins( children of my father brother) last partitioned property among ourselves.

My 1st aunt B had 3 children. P, K and S. Among them P and K passed away few years before partition.

Daughter SH of my 1st aunt signed release deed givibg up property for an amount.

2nd aunt SJ passed away and her only daughter PM signed released deed for amt for an amount.

The question is 1st aunt daughter P who passed away 10 years ago(before partition) has 2 children who are 5th generation from my great grandfather who had purchased land. Do they have rights in property?

Her mother P who was from 4th generation passed away before partition was done.

Is our partition valid? Considering all people who are alive are time of partition have either part of partition or digned the release deeds

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3 Replies

Dr J C Vashista (Advocate) 19 September 2022

As stated by you, " .....From my grand father passed to my grand mother. From my grandmother intestate to my father and uncle...."
How does it pass on from your grandfather to his wife (your grandmother) ??

It implies that the land is your maternal grandparents, is it so ???

If so, does your grandmother do not have any of her children ???

Vague and confusing facts.

Instead of seeking obligation of experts on this platform it is better to consult and engage a local prudent lawyer for appreciation of facts / relevant documents and professional advise.

Gururaj Shivananda 19 September 2022

This is from my paternal side. Pahani was transferred from my grandfather to grandmother. From her to my uncle and father. We recently executed partition deed

Sreejith S 27 September 2022

in this case your aunt's 2 children who are 5th generation got birth right in this property when they born and let me clear one thing whether your grandfather had siblings?
if so, On the death of your great grandfather his Legal heirs will get equal shares that means grandfather and his siblings and his mother had equal shares of your great grand father's property.
The partition deed seems voidable in nature as all the necessary parties to the said deed have not even participated neither mentioned in the partition deed.
Just be aware of the suit if they will come up in future the deed itself become voidable and the Right of the person who come up with the case will be considered by court and then these deeds will get cancelled and the court will consider the subsequent sales or the subsequent documents as voidable in nature.