Dear Learned Members,
Please Clarify the following:
A person Named "A" has got an ancestral Property. He is survived by two sons S1 & S2. S1 has got two sons named GS1 & GS2.
Scenario -1
Before the birth of GS1 And GS2, the property gets partitioned between "A" , S1 and S2. The respective share of the property belonging to S1 has been kept intact by S1. Whether GS1 and GS2 can claim a right over the partitioned property belonging to S1? Or is the partitioned property belonging to S1 is an absolute property in the hands of S1, thereby having full rights of disposition without any curtailment from GS1 and GS2?
Scenario -2
After the birth of GS1 And GS2, the property gets partitioned between "A" , S1 and S2 through an order of the court. The respective share of the property belonging to S1 has been kept intact by S1. Whether GS1 and GS2 can claim a right over the partitioned property belonging to S1? Or is the partitioned property belonging to S1 is an absolute property in the hands of S1, thereby having full rights of disposition without any curtailment from GS1 and GS2?
Will there be any change in the answers, in case in scenario 2, the property gets partitioned through a deed between "A", S1 and S2?
Please quote relevant provisions and case laws, if any.
Thanks,
Adv. K. Vijai Rajesh.
