v Fact of the Case:-
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Ø Being a Brahmin Ancestors of Mr. “A” – received Agricultural Property by way of Gift from Crown that time AT Gujarat .Now Mr.A is dead and having 2 sons and 3 daughters.Property is in name of MRS -A (WIFE OF MR.A ) and Two Sons Mr.B(Elder son ) and Mr.C. (Younger son )
Ø MRS A , MR.C IS DEAD NOW AND ONLY MR.B IS ALIVE .
Ø 3 Daughters OF Mr. A had waived their rights earlier in writing which was recorded in 135 D notice document as per Gujarat state .
Ø Possession is with Family of LATE Mr C
v Opinion Sought for following :- (on behalf of MR.B )
1) What is the Right of MR.B alive –(Elder son) as he is not having the Possession. Can he claim his share in this Property .If yes How to claim the property. AND After him ,can his family claim his Share ? What will be the situation ,if all 3 persons whose names appears in the property documents are not alive? As MR.B HAS ONLY 3 DAUGHTERS .AND MR.C HAVE 2 DAUGHTER AND ONE SON (DEAD) AND ONE GRANDSON.
2) Still name of MRS A and MR C have not been removed by those in possession of the property AND MR.X GRANDSON OF MR C IS ASKING TO INSERT HIS NAME IN PLACE OF MRS A .BUT MR.B HAS OBJECTED AS PROPERTY SHOULD BE DIVIDED BETWEEN 2 SONS ONLY AND IF GRANDSON WANTS THE SHARE HE CAN TAKE THAT FROM HIS GRANDFATHERS PROPERTY.
3) 3 daughters who had waived their rights earlier are asking their rights now .how it can be tackled ? as these 3 daughters are asking their Rights with malafide intention so that they can give their respective shares to MR C ‘s family and MR B can get only 1 /5 share and after getting daughters share MR C get 4/5 Share.
5) Can Family of MR C can initiate the sale proceedings of ENTIRE said property without consent of MR B.
MR.B WANTS THAT PROPERTY SHOULD BE DIVIDED BETWEEN 2 SONS ONLY HOW CAN GRANDSON CLAIM HIS GRANDFATHER SHARE ALSO AND MOTHER OF GRANDFATHER SHARE ALSO ?
