• Grand daughters right to partition in self acquired property of grandmother after her demise

Whether grand daughters has right to partition in self acquired property of grand mother after her demise, if property recorded in the name of their mother and alinate by their mother . grand mother died intested . mother is alive. property sold fraudulently by grandson through mother in favour of grand daughter n law. what should be remedy
Asked 4 years ago in Property Law
Religion: Hindu

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8 Answers

First of fall grand daughter or grand son or daughter or son has no right in parents self acquired property.

On intestate demise the children and husband or wife are legal heirs not the grand children's

They cannot demand partition neither in self acquired property children can .

If after death of grandmother it is recorded in name of mother then the mother has complete right to sell transfer gift or make will of property.

Now if sale is fraudulent it can be challanged before court of law and it can be cancelled.

Now remedy for mother is that she can challange same before civil court for cancellation and can provide strict proof that fraud was done also a criminal case for same can filed against son and daughter in law.

The third party has no remedy If sale done mother as she has complete right.

Lastly if mother is senior citizen I.e. above 60 she can challange the said deed before the maintenance tribunal also though law for that has to be followed and complaint accordingly has to be drafted.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Firstly, no actually it’s not about the grand daughters, no one can claim for partition in that property.

Secondly, if she died intestate meaning here by is that without any will the property would get diluted equally amongst all as per Succession Act.

Thirdly, the sell transaction is void ab initio, you can very well challenge it before the Civil Court.

Lastly, before that you can also file criminal case of cheating fraud over them, if wish to.

Rest you can have detail conversation with me through Kanoon.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

After demise of grandmother, her property would go to her widower if any and her children.

So your mom will have a share in the property.

Gran daughters don't have any legal share in such property.

The mother can deal with only her share and cannot touch the shares of other legal heirs.

So you will need to check, what did your other sell...was it her share or shares of other legal heirs too?

Even if your mother sold the shares of other legal heirs, you as granddaughter cannot challenge that. The other legal heirs whose shares are sold are entitled to legally challenge the sale

So kindly check and come back with follow up query

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

1. The granddaughter has no right of share in the property pf grand mother.

2. in this case only your mother will inherit the property of your grand mother and your mother during her lifetime can give this property to anyone she chooses.

3. Now if the grandson sold the property with the consent and knowledge of mother then nothing could be done by the grand daughter.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

grand daughters have no share in self acquired property of grand mother

2) on her demise mother would be absolute owner of property as her daughter

3)on mother demise intestate you would inherit her property

4) mother can during life time sell the property if she so desires

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

You can do the following:

1. You can issue a legal notice against the grandson and ask for proper partition;

2. If your grandmother died intestate, then all legal heirs have a claim over the property, not just one person;

3. If the dispute persists you can approach the court through filing of a suit.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

The grand daughters do not have any right in the property of their grandmother or even their grand father, especially when their respective parents are living.

The properties left behind by the grandmother upon her intestate death shall devolve equally on her own legal heirs consisting her husband (if living) and children.

The mother being one of the legal heirs is entitled to her legitimate share out of her mother's intestate properties.

The mother can transfer or sell or settle or gift her share of properties to anyone of her choice and in any manner of her desire since she becomes the absolute owner of the property inherited.

Nobody can question her authority in this regard.

Anyone attempting to file a case seeking partition for a share in that property shall be doing so at their own risk because they will be fighting a losing battle as no such case is maintainable.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Dear Cleint,

Grand mother`s property will devolve in her daughter/children/husband only. Grand children do not have any right in mother life time.

Is it maternal or paternal ?

If paternal and father is not alive than father share will devolve in daughter and son and mother.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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