Compromise deed is also binding upon legal heirs of woman so children who donot have seperate right cannot claim. Children consent or oermission is not required as they were not party to the suit. Property in the name of grandfather is not an ancestral property.
Rights of women's children in mother's father's ancestral property after she receives compensation
A women files partition suit on her father's ancestral property and received a sum of amount instead of actual property in a compromise deal (with her father and his sons from second wife, first wife is still alive and not divorced, first wife is also party to the compromise)in high court and her 4 children(all major) are not party in the case. If women does not share the amount received from her father with her children, Can her children again claim from their grandfather's property(or grandfather's sons from second wife who will get all ancestral property of father after compromise) as they were not party to the compromise ? I would want to know if such compromise can be done without involving women's children? because of some family issue her children does not want to be witness in the compromise. Thanks..
Asked 2 years ago in Property Law
Religion: Hindu
6 Answers
Kindly clarify on what basis you say it is ancestral property
2) children cannot claim after their mother received compensation amount from her father and siblings
- If the said compromise deed was not properly executed as ordered by the court , then the said deed having no value in the eye of law, and the children of that women can ask for the share of mother.
- However, if the said women got her share which is mentioned in the deed , then her children cannot claim any share in the property
- Further, the children of the any of the claimant of the legal heirs are not required to sign the compromised deed , as during the life time of their parents the children having no right over the property.
The property acquired by the daughter as her share in the ancestral property (including compensation towrds the immovable o property but reduced to writing in the family settlement deed). shall be treated as her own and separate property, in which nobody including her own children do not have any rights at least not during her lifetime.
If the distribution of ancestral properties from her father side has been concluded with this compensation settlement, then, even after her lifetime, her children cannot reopen the partition subject nor they can claim their mother 's share in the ancestral property for any reason.
In fact the children's involvement in this family settlement including their attesting or consenting signatures in the said deed is also not pertinent.
Dear Client
In India, property rights and partition are governed by various laws and regulations, primarily the Hindu Succession Act, 1956, and other personal laws applicable to different religious communities.
Based on the information provided, here are some general points to consider:
Compromise Agreement: If a woman files a partition suit on her father's ancestral property and enters into a compromise agreement with her father and his sons from the second wife (where the first wife is also a party to the compromise), this agreement is legally binding. The terms of the compromise agreement will dictate how the property is divided, whether it is through a monetary settlement or otherwise.
Children's Rights: If the woman has adult children who were not parties to the compromise agreement, they may have a claim to the ancestral property or its proceeds, depending on the specific terms of the compromise agreement and the applicable laws.
Legal Rights of Children: Under Indian law, children, whether minor or adult, may have a legal right to the ancestral property of their father. If they were not part of the compromise agreement, their rights may not have been extinguished.
Partition of Ancestral Property: Ancestral property rights are governed by specific rules and laws. Generally, ancestral property can be partitioned among the legal heirs, and such partition should ideally include all the legal heirs, which may include the children of the woman.
Challenging the Compromise: If the children believe that their rights to the ancestral property were not adequately protected or considered in the compromise agreement, they may have the option to challenge the agreement in court. However, the success of such a challenge would depend on the specific circumstances and legal arguments presented.
Legal Counsel: It is highly advisable for the children to consult with a qualified attorney in India who specializes in property and family law. An attorney can review the specifics of the compromise agreement, assess the children's rights, and provide guidance on the best course of action.
You need to involve all legal heirs men and women
