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
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 7 years ago in Property Law
Religion: Hindu
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7 Answers
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.
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.
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.
If I purchase this land can the grandchildren challenge it in the court may be after 10 years. Will such case can go against me?
Asked 6 years ago
1) even if grand children file suit to set aside sale deed they would not succeed as it is not ancestral property
The legal heirs need not be grandchildren and there are no rights vested on the grandchildren to claim any share in the property of their grandfather at any stage if the property was inherited by their father prior to that.
To be doubly confirmed about the confusion and law involved, you may produce the copies of the relevant papers before a local lawyer for a proper legal opinion before you venture into the purchase and can proceed accordingly.
Go ahead and Purchase the land, the grand childrens do not have any claim on self acquired property.
Regards
