• Succession rights for property obtained under land reforms

I am planning to purchase a residential plot. The family got that agriculture land under the Karnataka Land Reforms Act. It was jointly held by the family and later on divided among 5 Children (let it be A, B, C, D, E). All 5 children are expired before 2000. The property of B, after his death is being jointly held by the B's wife (Widow) and 4 children. Among them, two are male and rest two are female, all are married and have kids. Now they converted the land (mandatory non conversion period is over) and sold it to a developer, the sale deed includes only B's wife and 4 children. The grand children are not part of the sale deed. Family title is Poojari and it is being governed by the Hindu Succession Act. 
My question is whether the grand children of B have right in this property? Is it alright if they are not part of the sale deed between the developer of the layout and the family?
Asked 3 months ago in Property Law from Mangalore, Karnataka
Religion: Hindu
1) grand children have no share in property during the lifetime of their parents 

2) on B demise his wife and children would be absolute owners of the property and are free to sell the same 
Ajay Sethi
Advocate, Mumbai
23120 Answers
1214 Consultations
5.0 on 5.0
in this case only deceased wife and son are eligible to take share in it. an ancestral property is devolved upon the coparcener only. only son and wife is included as coparcener. an amendment is made by the gocernment in year 2005 and also included daughter as coparcener. but if father (karta) died before 20 sep 2005 then such amendment shall not be applicable thereon and only son and widow get right in the property. 

in your case consent of son and wife of deceased is necessary. grandson's consent is not necessary until they object. if you take their consent also then it would be better for you. 
 
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0
My question is whether the grand children of B have right in this property? Is it alright if they are not part of the sale deed between the developer of the layout and the family?

The property was duly and properly partitioned among A B C D E well before their death.
This means that all the 5 are individual and absolute owners of their respective share in the property.
Upon their intestate deaths, their properties shall devolve equally among their respective legal heirs only and not on the next generation children also.
Therefore the grandchildren of B do not have any rights or share in the property that belonged to B. 
Therefore their consent to the sale deed or their signature in the same is not necessary.
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
The grandchildren have no right, title or interest in the land during the lifetime of their parents, so their consent was not required to sell it. 
Ashish Davessar
Advocate, Jaipur
18058 Answers
445 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23120 Answers
1214 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18058 Answers
445 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5157 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
869 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
427 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0