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My grandfather had self-acquired property (a shop and a house). After his death, my grandmother made a will in favor of their three sons: Roshan, Sahil, and Raj. Roshan has two sons and one married daughter named Priya. After her marriage, Priya didn’t know how the property was divided. In the Jamabandi, her name is missing, while Roshan, Sahil, Raj, and their wives are listed. Both of Roshan’s sons got a share, but Priya did not. One of Roshan’s sons, Ajay, has filed a partition suit against his uncles Sahil and Raj. Questions: • Can Priya file a partition suit against her brother Ajay? • Is a coparcenary created in this case? • Can the grandmother legally make a will? • Can Priya still claim a share in the property?
If it was self-acquired property and a valid will was made by grandmother, she had the right to distribute. However, Priya can file a partition suit if the property was ancestral or she was unfairly excluded. Coparcenary may not apply since it's not inherited Hindu Undivided Family (HUF) property, but legal help is essential. For further legal assistance contact us on our helpline number.