• Partition of ancestral property

My grandfather has four sons and two daughters. In 1948 my grandfather has left a deed deviding the entire property into two parts (A & B Schedules). ‘A` Schedule property kept with him only and `B` Schedule property on the names of his 4 sons (1, 2, 3 & 4th son). This `B` schedule property has not been devided among the sons. My grandfather and grandmother are not alive now. 

Now 3rd son of my grandfather who is also my father left a registered gift deed dated [deleted] giving the life estate to his 1st wife and after life time if she dies with children (my self and 2 daughters) they should get property with equal rights. The property is from `B` schedule property. Where the `B’ schedule property has not been devided among the original brothers till date. My father and mother are also not alive now. 

My father has married 2nd wife after my mothers (1st wife) death in the year around 1970. And she has three children(2 sons & 1 daughter). My father has died in the year 2004.

Now my questions are:- (1) Are 2 daughters of my grandfather are have right in the property of `A’ schedule who born before 1940s. (2) The gift deed made by my father to his 1st wife is correct one and I am right person to get on to my name? Are my sisters are have right in the property?
(3) My step mother and her children are have right in which proprty? And in what ratio?
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

1)once your grand father had bequeathed propertyby will to his 4 sons they would be absolute owner of the property

2) your father had one fourth share in B schedule property and could have executed gift deed in favour of your mother . your mother had life interest in property and on her demise property devloved on you and your siblings

3) your step mother and her children have no share in B schedule property

4) as far as A schedule property is concerned since in the will it was not bequeathed to the sons 2 daughters would have equal share in property on his demise

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

The registered gift deed executed by your deceased father in favor of you people which came into effect after the lifetime of your deceased mother is very much valid and your step mother or her children do not have any right or can have any claim for a share out of your father's share in the B schedule property as the same was already transferred by yor deceased father by a registered deed during his lifetime.

Now to the A schedule of property which was in your grandfather's custody till his death. Upon your grandfather's intestate death, the A schedule property shall devolve equally on all his legal heirs namely his sons and daughters. The daughters shall be entitled to a rightful share in that property, provided your grandfather died after the year 1956 wherein the amendment to Hindu Succession act entitling the daughters to an equal share in the father's property came into force.

Now the rights of your step mother and her children;

They are entitled to an equal share out of your deceased father's share in the A schedule of property which shall be originally divided into six equal shares, out of which your deceased father shall be entitled to one such share and the same can be divided among his own legal heirs consisting you, you own siblings, your step mother and her children.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

your mother had only life interest in one fourth share gifted by your father

2) on mother demise you and 2 sisters would have equal share in the said land

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

Your 2nd question is reproduced below:

2) The gift deed made by my father to his 1st wife is correct one and I am right person to get on to my name? Are my sisters are have right in the property?

It was a conditional gift deed executed by your father by which your mother had lifetime interest and subsequently the same to devolve on his children, i.e., you and your sisters.

So what is your doubt about partitioning and distributing the property among you three?

Your father's share in the undivided B schedule property even otherwise shall devolve on you and your sisters, so you can seek partition and separate possession of your father's 1/4th share in which you three can get 1/3rd share each.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

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