Can grand son ask share in ancestral property after death of his mother?
Dr.Gaurang N. Gandhi
(Querist) 16 November 2015
This query is : Open
Dear Experts,
Iswarlal died in March 1963. Sureshbhai and Rameshbhai were the legal heirs.
But, Unfortunately Sureshbhai was died in 1950 left behind minor daughter Sumanben only.
In december 1963 Rameshbhai file application in mamalatdar and converted all ancestral properties in his name only.
Sumanben was not in knowledge about that. In 2013 she came in knowledge about the mutation entry done by her Uncle Rameshbhai in 1963. She filed application to revenue court to cancel the mutation entry. That is yet to decide.
Sumanben died in 2014 left behind a Unsound mind & unmarried son and a married daughter Indumati.
Now question is that:
1.Can Akshay grand son of Suman i.e. son of Indumati file a suit in civil court to get equal right as legal heirs of Rameshbhai are enjoying?
2.Can he succeed the application filed by his grand mother Sumanben to cancel mutation entry of the year 1963?
3.Is there any other remedy?
4. will the recent judgement of Hon'ble S.C. affect the suit?
