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UAsking lawyers, as the title say, so the grandfather passed away, (grandmother has also passed) then his children i.e. father and his siblings divided the property amongst themselves. It was peaceful and legal, land and houses were legally signed over and given to different siblings. Now father wants to sell the property, but his son i.e.grandson claims he has a right in the property as well, though his name does not appear in the ownership. If grandson does have a right can someone help me with under which section. Additionally can mother i.e. father’s wife claim the right in property or its proceedings, if yes under which section.
Asking lawyers only, request NALs to please don’t clog the post.
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CAssuming you are Hindu and regulated by the Mitakshara system of succession, the moment the original owner dies all blood descendants who are major get a share in the property. Whether their name is reflected in the records or not won’t matter.
Since it is not the father’s self-earned property, he can’t dispose it as per his own wishes of his major children object. -
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IDepends:
1. If the property in question is ancestral, the grandson may have a claim u/ S6 HSA1956.
If the property is indeed ancestral, the partition could be contested u/ S34 SRA1963.2. If the property was self-acquired by the deceased grandfather and later partitioned among the legal heirs, in that case, the grandson may not have any direct right unless the father decides to gift or bequeath a portion of it himself.
3. The wife of a husband who is alive may not have any direct claim to title; she may have one u/ S15 HSA1956 after the husband’s death.
She may, however, claim the right to residence under the D.V Act.
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