Anonymous
Asked September 25, 2016

Right in grandfather's and father's property

  • 1 Answer
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Sir/ma'm I am a 25yrs old female, my father is missing since 8yrs and the missing complaint has been lodged and no updates for all these years. It has been revealed that he is married now without divorve and left us purposely. His family are all together and supporting him. Property is already being divided and we have no information about that. We were also told by his family that my father has no share in any of the property. Can I file a case for property now? If yes, is it for grand father's property or my father's??

Answer 1

Let us assume that you are a person of Hindu faith then in such case under The Hindu Succession Act, 1956 any coparcener (Son – Father – Grandfather – Great Grandfather. This special group of people are called coparceners) have a definitive right in ancestral property since the moment of their conception and can at any time seek a partition of their shares. The general rule is that a partition once made cannot be re-opened. However, there are some exceptions to this rule, they are- 1. Fraud: If the Partition is found any fraudulent, it can be re-opened. For instance, worthless assets are fraudulently misrepresented as valuable assets and are distributed to a coparcener, he has right to claim the re-opening of partition. 2. Son in Womb: At the time of partition, if a son is in Womb, and no share is allotted to him, it can be reopened. 3. Adopted Son: If a widow of a coparcener adopted a son after the partition took place. The adopted son has a right to re-opened the partition. 4. Disqualified Coparcener: A disqualified coparcener is deprived of his share at the time of partition due to some technical constraint. After the disqualification is removed, he can get the partition removed. 5. Son conceived and born after partition:  When Son conceived and born after partition, if there is no share for the son. the partition became re-opened. 6. Absentee Coparcener:  At the time of partition is taken, where a coparcener is absent and there is no share is allotted to him, he can get the partition re-opened. 7. Minor Coparcener: A minor coparcener can claim the re-opening of the partition if he can establish that the partition. During his minority was unjust, unfair and prejudicial. The Supreme Court has also held that where a partition effected between the members of the Hindu undivided family by their own volition and with their consent, it cannot be re-opened unless it is shown that the same is obtained by fraud, coercion, misrepresentation or undue influence.

Agree Comment 0 Agrees about 4 years ago

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