• Property purchased by grandfather in name of daughter-in-law

My Grandfather GF has two sons S1 and S2. He purchased properties -two plot, Plot1 in name of elder Daughter in Law B1, another plot , Plot2 in name of Grandfather Elder brother's widow wife with no child. At time of purchase, elder son S1 was married. After marriage of younger son S2, the Plot2 was transferred to younger daughter in law B2 through registered gift deed executed in presence of GF.
 GF left in 2007 with other properties intestate. Property partition issue have arrived.
Now I was to know if Property purchased in name of ladies B1 and B2 can participate alongwith partition of property self acquired by GF and left intestate.
Asked 4 years ago in Property Law
Religion: Hindu

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13 Answers

No.

These properties, i.e., the two plots in the name of B1 and B2 are not to be partition and will continue to stand in the name of b1 and B2.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

The 2 ladies had no source of income

2) property was purchased on the name of ladies for benefit of joint family

3) on demise of grand father intestate his property would devolve on g rand mother , 2 sons

4) daughter in laws has no share in property standing in name of deceased father

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

No the property of a Hindu Women is her own property and they are the sole owners of the property and that property cannot be included in the partition as it was purchased and gifted by a valid instrument.

The properties which were not transferred by grandfather in his life and ancestral property will only be included in the partition.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The properties of Grandfather which he had till he dies intestate will be the subject matter of the partition because plot 1 is now B1's property and plot 2 is now B2's property because those were given to them by way of registration of deed.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

No that property which has been purchased in the name of B1 and B2 will not form a paert of estate along with the other properties

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1) B1 and B2 have no exclusive title to property

2) S1 and S2 can claim share in the property

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

1)No, the property will be self acquired property B1 and B2 will have exclusive title and rights over the plot.

2)Yes, they can transfer at their discretion.

3)No, it will be treated as self acquired property.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The property which is in the name of B1 and B2 are their exclusive property

Yes they can transfer the same by means of a will

No, the claim if made will be a very weal claim

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

B1 and B2 have exclusive title and right over their respective plots.

Yes, b1 and B2 are free to bequeath their respective properties by means of a will.

No, s1 and s2 cannot stake a claim on these properties.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Partition can be done for both the self acquired and ancestral properties.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

Dont get confused over the property that was allotted to the daughters ion law by the grandfather.

Now the properties left behind by the grandfather upon his intestate death shall devolve on his own legal heirs consisting his own wife and children

If grandmother is not living then the children/legal heirs shall inherit the properties left behind intestate by the grandfather. in equal proportion.

The daughters in law are not legal heirs of the deceased grandfather especially if their respective husbands are living.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

The plot one and two shall remain with their respective owners and they do not belong to the joint family property.

B1 and B2 are the absolute owners of the properties and they can very well dispose the properties as per their own will and wish.

The legal heirs of s1 and s2 cannot claim any rights in that property during their lifetime

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

as per your post, plot 1 is now B1's property and plot 2 is now B2's property because those were given to them by way of registration of deed. Therefore, plot1 and plot2 can not be termed as joint family property because B1 and B2 have exclusive title and rights over plot1 and plot2 respectively.

Now if they wish then, B1 and B2 can make will and transfer the plot1 and Plot2 at their own discretion.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

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