Right of partition
unique horn
(Querist) 13 February 2020
This query is : Resolved
Dear Experts.
Grand father execute a "will" of his self acquired properties to his son as - " You and your heirs shall enjoy the properties" and died.
Father divided the properties with his son in ratio 1:1.
After partition another son born, does this after born son has right in the whole properties or only to his fathers share?
Kindly answer my Query thank you
KISHAN DUTT KALASKAR
(Expert) 13 February 2020
Dear Sir,
Between the lines it has to be read normally the after born child may not be eligible to claim any share.
Raj Kumar Makkad
(Expert) 13 February 2020
Such lately born son has got no right in the property during the life time of his father but on the demise of his father intestate, he shall be entitled to inherit the property of his father only as per his share in inheritance of his father.
kavksatyanarayana
(Expert) 13 February 2020
Yes. that lately born son has right with other legal heirs over the self-acquired property of his father, if the father died intestate. The born has no right during father's life time and father may dispose it as he wishes.
R.K Nanda
(Expert) 14 February 2020
agree with above experts.
T. Kalaiselvan, Advocate
(Expert) 21 February 2020
The child born after executing the partition deed between the father and the first son, is also entitled to a legitimate share in that property bequeathed by a Will by the grandfather.
This is called as the rights of the unborn child.
In fact the child born dead also is entitled to such rights which will be conferred on its legal heirs.
