Viral (NA) 30 August 2013
Namita Agarwal (---) 30 August 2013
According to Mitakshara, the son has a right, by birth both in his father's and grandfather's estate but in the self-acquired property of the father, his rights are unequal by reason of the father having an independent power to dispose the same. However, the son can assert this equal right with the father only when the grandfather's property has devolved upon his father and has become ancestral property in his hands.
The great grandfather in this case has already made a partition of the property between his son and grandsons. Hence the property which vests with Grandfather A, will be construed as his self acquired property and not ancestral property. Hence Grandfather A is free to give it to 'C' to the exclusion of others.
A Mitakshara father can make a gift of his self acquired property to one of his own sons to the detriment of another; and he can make even an unequal distribution amongst his heirs. Hence Mr. C will not have any right on the extra land.
Viral (NA) 30 August 2013
Hi Namita,
I am very thankful to you by clearing my doubts.
Kind Regards
Viral.