Gift of joint coparcener property
Ashutosh Choubey
(Querist) 14 June 2014
This query is : Resolved
Dear Sir,
My grandfather had two brothers the youngest one died in very early age survived by his widow having no issue.My grandfather had three sons and his younger brother had one son. The entire landed property is ancestral and is still undivided even between the two grandfathers who are no more.Now the surviving coparceners are - my father and two uncles.The only son of my younger grandfather has died recently. The widow of my youngest grandfather is surviving.
The issue is that one of my uncle who is caring and maintaining the widow has claimed the division of the property in three shares and got the share of the widow transferred without consideration or gifted in his name (or may be in the name of his wife).It created the partition dispute among the existing coparceners of my two grandfathers as to whether:
1.The initial division of property will be in two parts or three parts.
2. How the widow is entitled for third share in the circumstances when her husband died very early without having any issue.
3. The third share can be transferred or gifted to only one coparcener when the entire landed property is undivided.
4. How the share can be identified when the property is held jointly and undivided.
5. How a deemed and unidentified portion of ancestral property can be transferred or gifted unilaterally in favour of one coparcener without getting the consent of others.
Please enlighten me about the legality of the above situation as per the family and succession laws in India and suggest accordingly.
Sri Vijayan.A
(Expert) 15 June 2014
The property is owned by all 3 grand fathers.
The youngest share is owned by his widow now. She can transfer to your uncle, if she wishes so.
Now, my question is what is the status son of younger grand father? Is he died without any heir.
In that event, the total property shall be divided in two parts. One part is to your grand father and another to the widow of youngest grand father.
Surrender K Singal
(Expert) 16 June 2014
She is to get half and the other half to be shared between survivors of three sons of your grandfather... as simple as that, in the absence of any survivor from the family of younger grand father's son
