I wanted to have guidance regarding a property matter
The fact of the case is ‘A’ and ‘B’ are two brothers they got landed property inherited from their father, property 1,2,3 was devolved with Son ‘A’ and property 4,5,6 was devolved with son ‘B’ . son ‘A’ expired in 1920 leaving behind a minor daughter ‘c’ ( whether widowed wife was alive ? ) his brother ‘B’ s son ‘D’ adopted ‘A’s daughter and her name was included in 7/12 extract as minor heir through legal guardian ‘D’ in 1933, now daughter ‘C’ expired in the year 1946 leaving behind son and daughter ( probably she was married when she was minor and the son was born to her when she was minor…
Now after the marriage of ‘C’ brother ‘B’s son ‘D’ was looking after the property no.1,2,3 and was in possession of the same later he transferred property no.1,2,3 in his name accordingly entries in 7/12 extract and mutation were effected in 1974 and after is demise his sons name were entered in 7/12 extract and mutation were effected in 1987
In 1995 all the property 1,2,3,4,5,6 were given in for development , NA and ULC were taken accordingly thereafter, in 2008 sale deed was made between great grandson’s /daughter’s of ‘D’ and developer, accordingly 7/12 extract and mutation were effected in 2011, and development process was started by promoter/ builder in 2015
Now in 2016 son/ daughter of ‘ C ’ is claiming right in the property asking share in property 1,2,3 of ‘A’ through their mother ‘C’ whose name was entered in 7/12 extract in
1933 as a minor heir through guardian, herein after referred to as suit property.
Now my question is Keeping view of Hindu succession act 1956 / amendment act 2005 what is the position of children of ‘C’ / great grandchildren of ‘C’ do they have right to claim so…? if so to what extent…?
Please feel free to ask in case if anybody needs any clarification about the facts
Please note: AS OF NOW …iam not aware as to age of the minor when ‘C’ s name was entered in 7/12 extract in 1933… iam not aware age of her marriage… iam not aware if her mother/ widowed wife of ‘A’ was alive at the time of her marriage… iam not aware when did brother ‘B’ died…. iam not aware when did his son ‘D’ died you can take approx age of all these people
