Legal rights over property by grandson
Sir, i need to know about this following scenario. lets say 'a' is the grandfather, 'b' is the son & 'c' is the grandson. if 'b' has aquired a property from 'a' through a partition deed and sold the property to a third party through a sale deed, can his son 'c' claim any right over the property at a later stage? i would also like to make a note that 'c' was not yet born when the sale deed was executed.
Asked in Property Law from Nagercoil, Tamil Nadu
once deed of partition has been made it would be B self acquired property .
2) C has no share in said property during B lifetime
Children’s and grand children’s have no right over the self acquired or partitioned property of grandfather. It is same as to father. Only the ancestral property has their right. Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner. The rights in ancestral property are determined per stripes and not per capita. This means that the share of each generation is first determined and the successive generations in turn sub divide what has been inherited by their respective predecessor.
The share which a person gets in a property through a partition deed constitutes his separate property which is at par with his self acquired property, which he can dispose at his sweet will. So 'C' cannot claim any right, title ot interest in the property sold by his father.
Once a proeprty is divided among the joint owners by way of partition deed the each co sharers becomes its individual owner and the proeprty even if a ancestral property loses its character.
So in this case C can not claim any share in the proeprty of B.
The position of law is that the grandson is not entitled for a share in his grandfather's property.
The son of a grandfather after inheriting his share out of his father's property who is reported to have died intestate, becomes the absolute owner of the property and at his own and sweet will, he may dispose his share of property to anyone of his choice and in any manner he desires.
The grandson whether born or yet to be born has no rights over this property at any stage.
The father of grandson has marketable title so his acts of alienation of the property cannot be questioned nor the grandson can claim any right over it.
1. Fro A the property was transferred to B through inheritance and by partition deed.
2. After the partition deed was registered, B became the absolute owner of the said property initially belonged to A.
3. C never had and also does not have any right, title or interest on the said property of B which he had sold even before C was born.