Joint hindu family
Apparao
(Querist) 12 July 2016
This query is : Resolved
Hi,
Ours is a Hindu family. My grandfather use to run a business. He purchased some properties out of the money earned from business (his own income). He died in 1959. He has three sons (say A, B and C) who are all married. Till 1963 the three sons lived as joint family.
In 1963 the three brothers made partition of their father's property. At this time all three sons also have sons (say A1 to A , B1 to B, C1 to C). The property was divided equally between A, B and C. However in the partition deed the grandsons names were also included. A and
his minor son A1 jointly got few houses. B and his minor son B1 jointly got few houses. And C and his minor son C1 jointly got few houses.
Can you please clarify the following:
1. Is the relation between C and C1 is a joint hindu family?
2. As far as the grandson C1 is concerned what is the nature of the property which C and C1 received on partition? Is this ancestral property?
3.Can the grandson C1 file a suit on his father C for partition in the property which C and C1 received?
4. C has one more son C2 who is born in 1970. Does C2 has any right on the property received by C and C1? Can he file a partition suit?
Thanks in Advance.
Rao
Kumar Doab
(Expert) 12 July 2016
Apparently the property of great grandfather has been divided by partition deed.
The final status seems to be jointly held/owned as per partition deed.
However you may show all docs on record to a very able counsel for a considered opinion.
Rajendra K Goyal
(Expert) 12 July 2016
1. Relation between C and C1 is not a joint Hindu family.
2. It is not ancestral property.
3. Yes he can.
4. C2 has share in the property of his father.
