• Grandchildren's share in the property

X had applied for a BDA site. The site was allotted to X who within days of allotment passed away in an accident. He had 5 children(2 daughters and 3 sons) all majors and married with children. The BDA subsequently has transferred the allotment to one of his daughter's G and executed the sale deed in her favour in 2003.  There is also a partition deed amongst the siblings (X's wife too has died) wherein all of X's property has been divided amongst the children and this particular site has been given to G in the partition deed executed in 2007. My question is can the BDA sale deed executed prior to partition deed be considered absolute and I enter into a purchase agreement with G? And can the grand children who were not party to the partition deed lay claim on the site?? Kindly advise.
Asked 3 years ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1. Since the allotment was made prior to partition, the subsequent partition allotting BDA property to G only would make the allotment beyond any dispute anymore.The other legal heirs of X by way of partition deed gives a seal of approval to the allotment to G by BDA. 
2. The allotment to X having been his self acquired property, his grand children acquires no share in it on the basis of inheritance.

3. So in other words you can safely purchase this property.
Devajyoti Barman
Advocate, Kolkata
13119 Answers
174 Consultations

5.0 on 5.0

1.Before the BDA transferred the allotment to one of the daughters of 'X' i.e., 'G',  BDA would have taken 'NOC' from 'X' 's wife and the other children.
2. The sale deed executed by BDA in 2003 in favour of 'G',  prior to execution of partition deed in 2007 be considered absolute, in lieu of NOC by other legal heirs. However before arriving at a decision by you whether to enter into a sale agreement or not, one has to study the documents and then decide.
3. In the circumstances detailed by you, the grand children cannot lay claim on the site.
Shashidhar S. Sastry
Advocate, Bangalore
1648 Answers
109 Consultations

5.0 on 5.0

The grand children do  not have any right in the property.
If there is an absolute sale deed on the name of G, you can proceed with the purchase.
Before finalising the deal obtain a legal opinion from a local lawyer. 
T Kalaiselvan
Advocate, Vellore
36786 Answers
403 Consultations

5.0 on 5.0

1) grand children have no share in self acquired property of grand father 

2)BDA must have transferred allotment in favour of G on basis of consent of other legal heirs . 

3)further as per partition deed duly signed by all legal heirs duly stamped and registered  G was absolute owner of the said plot of land . 

4) . it is necessary to peruse the various documents cited by you before you purchase said property 

5) it is better you contact a local lawyer obtain certificate that title is clear and marketable then only purchase said land 
Ajay Sethi
Advocate, Mumbai
46645 Answers
2759 Consultations

5.0 on 5.0

1. If the partition deed was executed subsequent to the sale deed executed in favour of G there is no legal basis to justify the execution of sale deed in her favour.

2. Unless and until the partition deed preceded the execution of sale deed the latter had to be executed in favour of all children of X. 
Ashish Davessar
Advocate, Jaipur
23092 Answers
639 Consultations

5.0 on 5.0

Hi, as the sale deed is prior to the partition deed and the property was acquired by virtue of partition so that "G" is the absolute owner of the property so other have no right to claim the property.

2. It is better you can approach a advocate and get a legal opinion from him.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

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