Property alloted by dda to the father in lieu of land forfeited by gra
05-Aug-2023 (In Property Law)
If a land is alloted by dda in lieu of a land forfeited by the grandfather then what is the right of grandsons/granddaughters towards the property alloted by dda. And if father sold the property alloted by dda then what is the right towards the cash which received by the father.
Facts:
Land allotted to: Father
Land allotted by: DDA
Land forfeited by: Grandfather
Query: Rights of grandsons and granddaughters
Answer: The land allotted to the Father by DDA will be self-acquired land and hence, the rights in the same will accrue as per the wishes of the father. Further, in case the land has been illegally forfeited by the grandfather after the death of the father, the grandchildren can file a case on behalf of the deceased father.
Land allotted to: Father
Land allotted by: DDA
Land forfeited by: Grandfather
Query: Rights of grandsons and granddaughters
Answer: The land allotted to the Father by DDA will be self-acquired land and hence, the rights in the same will accrue as per the wishes of the father. Further, in case the land has been illegally forfeited by the grandfather after the death of the father, the grandchildren can file a case on behalf of the deceased father.
Grandchildren have rights over the property acquired by the grandfather being an ancestral property and father under law is not authorised to sell it without their consent if they have attained majority.
land allotted by DDA to grandfather in lieu of forfeited land also falls in the category of ancestral property for grandchildren and law related to it is applicable.
land allotted by DDA to grandfather in lieu of forfeited land also falls in the category of ancestral property for grandchildren and law related to it is applicable.
its depend on the status of the property that father receive the property in what capacity testamentary or inherited. if he receive property on basis of will etc. in that case he can sell the property and grandsons can not claim anything. but if father succeed the property after death of grandfather the grandchildren have right in the property and can claim the same.
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