• Share and rights of divided property of son in deceased father property

My daughter in law's grand father had various properties in Bangalore. He had 3 daughters and a son. He made partition deed in 1972. He distributed his HUF properties to all his children and retained a house for him and his wife. In the unregistered partition deed he has specifically mentioned that he has been giving basic education, marrying his daughters and giving properties share. They have no rights to claim any property share. Children got their respective properties registered.

Later, Grandfather died in 1988 intestate. Grandmother took hold of property and registered one floor of 3 floor building to her daughter. Father is not a party to this deed. Whether this a valid document in the eyes of law. If not, can we get this transaction nullified?

Grandfather died in 1988, Grandmother and father died this year. All died intestate. Whether my daughter in law will be sole owner of this property as my grandfather died in 1988 itself I.e., before 2005?
Asked 7 years ago in Property Law
Religion: Hindu

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

4 Answers

On grandfather demise grandmother, her children would have equal share in the property

2) grandmother could bequeath her share in favour of her daughter

3) consent of son is not necessary

4) on father death his share in property would devolve on his widow and children

5) it is not ancestral property and daughter would have equal share in the property

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

it is self acquired property of grand father

2) hence daughters would have equal share in the property on his demise

3) if it had been ancestral property and father died before 2005 daughters would not have any share in the property

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Later, Grandfather died in 1988 intestate. Grandmother took hold of property and registered one floor of 3 floor building to her daughter. Father is not a party to this deed. Whether this a valid document in the eyes of law. If not, can we get this transaction nullified?

In my opinion this property is the the one retained by the grandfather for his and his wife's personal use.

If the property still remained in his own name as on the date of his death, then the property shall devolve equally on all his legal heirs consisting his wife, son and daughters.

Thus she has no rights to transfer any share in this property to a daughter of her choice without all other heirs consenting or expressing their no objection this.

This can be termed as deprivation of their rights in the property, hence invalid and not binding on them.

Instead of filing a cancellation deed, the other heirs can file a partition suit seeking partition and separate possession their respective share in it.

Grandmother and father died this year. All died intestate. Whether my daughter in law will be sole owner of this property as my grandfather died in 1988 itself I.e., before 2005?

The position of law is that the property retained by her grandfather, upon his intestate death devolved equally on all legal heirs consisting his wife, son and three daughters.

Now the share of your daughter in law's father shall devolve equally on his own legal heirs consisting his wife, and children.

Therefore she can claim her own share out of her father's share in the property which are to be divided among the 3 daughters and one son.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Grandfather died in 1988 intestate. Whether his daughters can claim rights on grandfather property

It is their father's property hence they have full rights to claim their legitimate share in that property.

share acquired by his wife and only son? Daughters can claim property rights if father is deceased after 2005.

What you have stated above is nothing but misinterpretation of law.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer