Entitlement of daughter excluded in partition deed
13-Sep-2023 (In Property Law)
In my wife's grand father's property, my wife's mother and wife's brother registered it during 1994 after partition by a partition deed in their names only excluding my wife's (daughter's) name. My wife's brother died in 2011 and wife's mother died in July 2016. My wife's mother had allowed her daughter to build a house on the ground floor with the understanding that my wife's brother has to build the second floor. My wife already built the first floor during 1994 itself but my wife's brother did not build the second floor. My wife's mother wrote this in a registered will. Also by a family agreement in Rs.10 stamp paper (duly witnessed but not registered), my wife's mother, my wife's brother and my wife (daughter) have stating that my wife (daughter) can build the ground floor and my wife's brother can build the second floor only. This is now contested by the deceased brother's wife and son claiming full rights for this property. Pls advise my wife can have rights to this proper
You have not given the dates of your wife's grandfather death to array the ancestral right of your wife over the property. You have mentioned the partition was happened between your wife's Mother and your wife's Brother during 1994. The validity of such a partition will be decided only on seeing the date of your wife's grandfather's demise. The family arrangement to built a house above your house was not effected. The Will made by your mother in law in favour of your wife and your brother in law can be challenged. On the demise of your bother in law your brother in law's wife and his son acquired the same right as if your brother in law is alive. However he ( brother in law's wife and his son ) can not claim full right over the property even if the Will is adjudicated invalid.
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