Grand children can file suit to set aside partition deed as thru have not signed partition deed
2) delay of 8 years in filing suit has to be explained
Grandchildren's claim on HUF partition deed
Grand father passed away without a will. All property is divided and registered amongst all the Class I hiers (Grand mother, Son1 and Son2) as per Hindu Undivided Family (HUF) partition deed in year 2012 itself. 1). During partition in year 2012, all the grand children's did not sign in the registration papers. Only Class I hiers have signed and registered. 2). Can grand children's now claim the property of Grand father that the partition was not satisfactory and it needs to be partitioned again?
Asked 3 years ago in Property Law
Religion: Hindu
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6 Answers
1. The property belonged to the grandfather hence upon his intestate death it devolved on his own class I legal heirs.
Therefore there was no necessity to obtain the signature or consent of the grandchildren who are not entitled to any share in the property becasue it is not ancestral property.
2. No, they did not have any rights in the property then or now.
If at all their fathers or mother 9who were the legal heirs to their grandfather) is or are reported to have died intestate then their respective shares can be divided among the respective legal heirs.
There is no ancestor property. All the property is in my grand father name that are purchased from other vendors, but there is no proof for source of money involved in there purchases. I assume that this property are self acquired? Or this comes under Joint family property or HUF?
Asked 3 years ago
From your contents it can be confirmed that this property was your grandfather's own and absolute property.
This cannot be considered as HUF or ancestral property.
Therefore the property shall devolve equally on all his own legal heirs of your deceased grandfather if he has been reported to have died intestate.
if it was self acquired property why is it mentioned as HUF property in partition deed
it is necessary to peruse partition deed to advise further
a grandchild does not have any birth right in the self- acquired property of his grandfather if it has been allotted to his father in a family partition in his capacity as legal heir and not as a coparcener under the Hindu Succession Act 1956.
It's a joint family property
