Mygrand father got the land in 1975.. The judgement is that he is the one who cultivating the land since 40 years so that he is the legal owner of the land....and he has 4 sons and 6 daughers ..he partitioned his land with his 4 sons at 2003...and he was not included his daughers...and his 1/ 5 th share willed to his last 2 sons at 2005 then after 6 months he expired... Now his last 2 sons is ready to give this 1/5 th share (fathers willed share) to their 2 brothers and 5 sister...but remaining 1 sister was expired at 1990 and her son expired at 2012..bu she has 2 grand children... My question 1) is her grand children have right on this land or not? Because they are asking equal share in that land..means 1/10 th share..... 2) they going to devide that fathers willed share through partition deed ...is it valid or not? I thought once partion deed done again it's not acceptable in the law...
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Actually, except last two sons nobody has rights in the 1/5th share of their father's property, because it's WILLED.
Now it's last two sons who want to do distribution among all siblings.
Neither their siblings nor died sister children's have any rights to ask more share in the property.
They're are dividing 1/5th share according to their WISH.
If the said property is ancestral then yes other wise no.
If it's undivided from almost 4 generations without partition then it's ancestral. Otherwise it's self acquired
The land was your grandfather's self acquired property. The partition was done by him. His grandchildren don't have any share in the property as he could have given it to anybody.
The will is valid and the property would be divided as per the will.
All children after 2005 Male and Female have equal rights in Ancestral property of parents.
Please go for partition suit before Civil Court for proper division of property.
Grand children have no share in land
2) division would be valid
1. Partition Deed can be legally registered. Share of Deceased sister/s will go to her legal heirs. IF her legal heirs also expire, THEN children of deceased legal heirs will step in shoes of deceased legal heir and are entitled to stake equal claim on the share that was supposed to go to deceased sister/s.
2. The above means that after partition IF Sister's share was 100/-, THEN ALL "available" residual legal heirs will have to divide 100/- amongst themselves in equal proportions.
1. Since the daughters didn't have any share her legal heirs have inherited nothing from her in respect of their grandfather's property.
2. Now each son can mutually partition their respective 1/5th share and transfer their respective shares to anyone they so choose.
3. This doesn't restrain them to gift their shares to children of the deceased daughter.
Yes as a legal heir to the mother they have a right to claim the property share
1. Yes the grandchildren have right. File partition suit.
2. Yes partition deed is valid.
Dear Sir,
As per the law in vogue, the said grand children can't demand the share.
- Since your father has got the land in 1975 , it means it was his self acquired property , and due to why he was having his right to transfer his property as per his own wish , and none having right to claim over the same.
1. No , grand children cannot claim any rights on the property.
2. When already partition has done , the question of re-divide the property does not arise.
No, 2 sons are only owners and they can give their share to anyone.
Both are valid.
1. Yes her grand children have rights in the property.
2. If property was on name of grand father so his willed cannot be challenged. So they should agree with the share they are getting from property transferred through will.
grand children have no rights in said property .
yes it is valid.
Yes it is valid.
1. It was his land, hence he was free to partition it between sons only by excluding his daughters. The right of a title holder to discriminate between his heirs at the time of making a settlement of the property is indefeasible. He can give a lion's share to one and peanuts to others, or even nothing to others.
2. The heirs of sister who was not given any share during her lifetime do not succeed.
Once the grandfather has divided his property and transferred to his sons by transferring the same through a Will before his death, it cannot be said to be an intestate succession.
Hence the grandchildren do not have any rights in the property.
