Can grandson claim share in property given by the High Court
22-Jan-2023 (In Property Law)
There was a person Say Mr.K living in Kerala , he was cultivating a land and in 1984 Kerla High court has given this land to this guy, by land Ceiling act. Mr.K has got two son 1) Mr.M and Mr.S. In 1996 Mr.K writes a partition deed for this sons as they get married and possesion is given to them. Mr.S sold the property to my mother in 2002. We didnt know he had two children. Now Mr.M's son and daughter has filed a case saying this is ancestor property and court has to give it back. Important points 1) In 2002 when Mr.S sold to us , his father Mr.K was alive and he precided all the discussion with us. 2) Even now Mr.K is still alive and he is pushing his grandsons to file a case. Totally confused now, what would be the outcome now, lawyer says since its not earned by Mr.K and given by court settlement, grandsons cannt claim it. Can some one please guide me on this. Thanx in advance
First you understand that it is not ancestral property .Ancestral property is defined as the property whose title has not changed for last 4 generations i.e. from great grandfather to great grandson without being interrupted by any partition/settlement/sale/gift deed or will. If it is not so, then it is not an ancestral property.
Children of Mr.M's and Mr. S have no legal right over their father's property if they are alive.
Children of Mr.M's and Mr. S have no legal right over their father's property if they are alive.
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