Querist :
Anonymous
(Querist) 21 December 2011
This query is : Resolved
Grandfather (A)owned a property on his name which was partitioned after his death among 2 sons (B) and (C). (During that time Grandmother was alive). B has 2 sons (B1)and (B2).
What is the right of B2 on that property from B's Share?
Can this be a ancestral property for B2 a married adult?
Do B2 can access same right as in case of ancestral property?
Can B2 mortgage or sell whatever its share may be?
Raj Kumar Makkad
(Expert) 22 December 2011
This is self acquired property of B as both brothers (B & C) ignore the right of their mother and partitioned the entire property among themselves with the consent of their mother. So, B is free to settle his property as per his whims and wishes and B2 has got ancestral rights in the mentioned property so he has no independent rights over the property during the life time of his father.
J K Agrawal
(Expert) 25 December 2011
Makkad Sahib I am totally confused.
If the Grand mother is not alive B has good title over property. It is encestral and B2 has right by birth. He can alienate his share.
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