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Q.

Father owned in his name a house and expired without a Will. He had his wife, two sons and one daughter. The eldest son, without informing other son and daughter, got registered house property. Mother made a gift deed to eldest son after the death of title owner, i.e., her husband. The registration document says, mother succeeded after the demise of her husband and made gift deed in favor of family member, i.e., her eldest son. Is this succession legal by ignoring other legal heirs, i.e., their children ? Can other siblings, i.e., younger son and daughter, ask for partition of the house property, which was owned by their father at the time demise ?

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0 2022-07-12T19:10:56+00:00

Hello 

In this case, the property is a self acquired property. If a property is self acquired, the successive generation can not claim their rights over such properties. Here, the registration document nominated the title holder’s wife to succeed the property after his demise, so she becomes the new title holder. But the property still remains to be self acquired, as to become ancestral, the property is needed to be inherited by at least four generations of male lineage. Therefore, no rights can be claimed over that property.

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