• Rights on property to married women

Mygrand father got the land undre tenant ( tenancy) this land was belong to perticular person in 1975..in the district session court. ..
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 the he partitioned his land with his 4 sons at 2003....and he was not included his daugher because she got married at 1977.and she dead at 1990 and her son dead at 2012 but she has two grand children ..and my grand father dead at 2005..before that he wrote a will to his last 2 sons ..
And now his 4 sons again partitioning his share that is willed to his last two sons... using partition deed.. 

My question is is her grand children having right on this land or not?
Asked 4 years ago in Property Law
Religion: Hindu

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17 Answers

No, Grand children from grand mother parents ancestral property. Only she or her children can ask the share in undivided share of property. But in your case already property was divided in the year 2003. Actually the her son who dead in the year 2012, has rights to claim at that time.


First try to accept true facts of your own life, one who is asking question is belongs to 4th Generation person of the the original owner of the land. 

 

1st Generation  =  Great Grand Father (who become Tenant Owner by Court order of that particular land)

 

2nd Generation = 4 sons and 1 daughter (died 1990)

 

3rd Generation = Daughter's son (2012) (I am going to talk only for Daughter's share related)

 

4th Generation =  Son's  Two children  son or daughter (one who has query as below)

My question is is her grand children having right on this land or not?

So, the answer is BIG NO

 

Read below ancestral property law which marked in Bold and under lined the reason behind it.

 

Property inherited by a Hindu from his father, grandfather or grandfather’s father, is ancestral property. Any property that passes undivided down four generations of male lineage is called ancestral property. The grandson’s right to a share in this property accrues by birth itself. This is different from other kinds of inheritance, where inheritance opens only on the death of the owner.

Ancestral property rights are determined on the basis of per stirpes and not per capita. Therefore, first, each generation’s share is determined and then successive generations sub-divide what has been inherited by their respective predecessors. In an ancestral property, grandsons have an equal share on the same.

According to a Supreme Court ruling, a daughter can only claim ancestral property if her father died after the amendment of the Hindu law. The apex court said that a daughter’s right to ancestral property does not arise if the father died before this amendment, which came into force in 2005.

Ganesh Kadam
Advocate, Pune
12987 Answers
262 Consultations

Grand children have no rights on the property 

 

2) will by grand father is valid 

 

3) partition deed among beneficiaries of will would be valid 

Ajay Sethi
Advocate, Mumbai
96769 Answers
7805 Consultations

The partition was done way back in 70's. Now the daughter didn't have a share in the property as it was the grandfather's self acquired property. Hence the children have no share.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

No, the grandchildren donot have any right over the property 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

If it's already partition through legal deed then the same becomes a self acquired property and If he dies intestate then it will be equally divided to the heirs and if grand children are heirs then they will get

Prashant Nayak
Advocate, Mumbai
32371 Answers
199 Consultations

All have equal rights over the Ancestral property under Hindu Succession Act


Yes definitely grand son of expired sister does have right of share in the Ancestral property. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

1. It was his land, so he was at liberty to partition it between his sons only and exclude the daughter. None of his heirs had any share in the land during his lifetime.

2. Consult a lawyer with the complete set of documents.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

1.  I have already answered to his specific query in another similar query by you.

2. Grand Children will definitely have rights, on that share ratio  that would originally have gone to their Father.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

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. 

Devajyoti Barman
Advocate, Kolkata
23194 Answers
510 Consultations

Eventually this property does not come in ancestral property category and it has been transferred to the legal heirs by will.

the claim and answers till property can only be entertained if it falls in ancestral category otherwise claim will be rejected by the court before proceeding for claim property please check the status of the property if it falls in ancestral category

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

Dear Sir/Madam,

Those 02 grand children don't have right of claim the share. 

Ganesh Singh
Advocate, New Delhi
6760 Answers
16 Consultations

By virtue of Will and partition, sons are sole owner. Grand chilren have no share.

Yogendra Singh Rajawat
Advocate, Jaipur
22987 Answers
31 Consultations

- After getting the said land from a court judgement , this property become a self acquired property , and due to why your grandfather was having his own right to distribute the said land as per his wish , and hence the said partition done in 2003 with his 4 sons was valid , and none can challenge the same. 

- Further before his death , he wrote a WILL in favour of 2 sons, and further the 4 son after getting their respective share in 2003 , also write WILL in favour of 2 sons, then by this way grand children of her not having any right . 

- Your query is not much clear to reply in detail

Mohammed Shahzad
Advocate, Delhi
14419 Answers
221 Consultations

Yes they have rights in the land of their grandfather if it is not partitioned till date. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

grand childrens have no share in said property. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

Yes they have the rights on the said property.

Swarupananda Neogi
Advocate, Kolkata
2973 Answers
6 Consultations

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.

T Kalaiselvan
Advocate, Vellore
86968 Answers
2334 Consultations

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