LawRato

Registration of property by heirs - granddaughter's stake as heir


20-Nov-2023 (In Property Law)
A died intestate leaving immovable property. His wife expired. He has B & C as sons. They divided the property by agreement (un regd) B has two sons and a daughter and C has two daughters. B also died. B's wife, 2 sons and C executed a registered partitition deed among themselves. Schedule A property to B's heirs and Schedule B property to C. The daughter of B orally relinquinshed and signed the deed as witness. Times changed. Now she ( the daughter) is disputing that she should also have share in Schedule A property as it is being sold by B's sons and their 4 children after the death their mother/grandmother. How far the claim of B's daughter for a share is valid. We are HINDU.
Answers (1)

Answer #1
650 votes
1) was probate obtained of the will please clarify

2) on the demise of great grand father was mutation of property done in favour of the beneficiaries ie grandsons

3) in some cities like Bombay , Calcutta , madras probate is mandatory . Probate is judicial proof that will is genuine

4) in absence of probate the grand daughters and grandsons would have share in property
Helpful? LawRato LawRato

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."