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AV (Graduate)     06 August 2024

Inheritance dispute and partition suit

Sir, there is our relative in Hyderabad and he is a person by name, Mr. Gautam Reddy is having property in Hyderabad. This property, he has bought it and he has not got it from his father. He passed away recently in the Covid period. so it was inherited by his only son Ravi . Ravi has a son, Arjun. Ravi is telling that it is his  self acquired property from his father and that must Gautam Reddy bought it. He has not inherited. and he can dispose it off right now and because Mr Arjun is not the fourth generation. He is only a third generation. He did not come from his great grandfather. but grandfather has bought it. Mr Ravi wants to sell the property.

but Mr Arjun is telling that it is my grandfather's property and that he was born during the lifetime of his grandfather and that Mr Ravi was not a sole surviving partner when he inherited it , but that Mr. Arjun who is now the grandson was born before the death of the grandfather in the Covid period, so he has a right in the property and he wants to file a partition suit. 

sir / mam 
can you please advise correctly has to weather the Mr. Arjun will have a right in mr. Gautam Reddy's property that is his grandfather's property, and can he go for a partition suit because right now his father wants to sell the property and invest in his business. 



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     06 August 2024

Arjun has no rights in this property.

His father being the legal heir of his father,inherited the property upon intestate death of his father. Hence it becomes self acquired property of Ravi, therefore  the claim made by Arjun is not tenable in law and if he is venturing to file any suit, it will not be maintaiable  

kavksatyanarayana (subregistrar/supdt.(retired))     06 August 2024

At the time of the death of Gautham Reddy, Ravi's son Arjun born or not? If Arjun is born after his grandfather's death, he will have no right to the property; if he is born before his grandfather's death, he will have a right over the property in my opinion.

Dr. J C Vashista (Advocate )     07 August 2024

Arjun has no right, interest or claim over the intestate property left behind by his grandfather .

P. Venu (Advocate)     07 August 2024

In the given facts, the grandson has no rights or interests in the property left intestate.


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