1) grand daughter has no share in self acquired property standing in deceased grand father name
2) on grand father demise property would devolve on grandmother , sons and daughters equally
Grandfather property to granddaughters
My Grandfather passed away in year 2000 without any will. All the property was divided and registered in the year 2012 among Class I Hiers - grand mother, son 1 and son 2. All the Class I Hiers were alive during this property division. Now Son2 daughters (grand daughter) want to claim property right on her grandfather’s property which was already registered? So Son2 planning to put case claiming that property not divided correctly. Does the property registered earlier will be invalid and can grand daughters claim the share now.
Asked 4 years ago in Property Law
Religion: Hindu
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10 Answers
As mentioned property is divided and registered among Class I hiers in year 2012 but Son2 is planning to put case claiming that property is not divided equally. Does the property registered in year 2012 will be invalid and does he has any rights to claim now since he too has signed and agreed in 2012 registration papers.
Asked 4 years ago
If the same is legally partitioned then now no claim can be made in the same
Suit would be barred by limitation
suit if any ought to have been filed within period of 3 years of execution of partition deed
Thank you for the reply. One last query : Grand mother's share is been registered such that after her demise it would be passed on to Son1 only and not to anyone else which is agreed / signed in 2012 by all Class I hiers. Does Son2 / Daughters of Son2 can now claim Grand mother's share?
Asked 4 years ago
Son2 and his daughters cannot claim grandmother share
Thanks. By chance, Son1 demise happens before Grand mother's demise then who have the legal rights to claim the Grand mothers property? Is it Son1 wife and sons ? Does the existing registration papers are good enough for Son1 wife and sons to claim it?
Asked 4 years ago
If the legatee does not survive the testator, the legacy cannot take effect, but shall lapse and form part of the residue of the testator's property,
sons wife and children would not be able to claim the property
The granddaughters or grandsons do not have any rights in their grandparents properties, at least not during the lifetime of their parents.
The property of grandfather was divided among his own legal heirs by registered partition deed, there's no claim by the next generation children in this property after this partition.
Once a amicable partition deed was executed by a registered document on the basis of mutual agreement among all the legal heirs or shareholders, the proposed case by a dissatisfied heir at this belated stage may not be maintainable.
If the recital in the registered partition deed states that the share of grandmother shall devolve on one son alone after her demise then the other legal heirs cannot claim any share in it.
The legal heirs of the deceased deceased son 1 shall inherit the grandmother's share of property in the event of his death.
Yes he can claim.
Yes registration papers are enough