Can step-grandmother legally receive great-grandfather’s land by transfer?
My great-grandfather bought land in his own name. After his death, my grandfather registered the land in his name. My grandmother passed away due to a health issue, and later my grandfather married another woman. He then transferred some of my great-grandfather’s land to my step-grandmother’s name. Now they are not giving any land to my father and are trying to transfer it to my step-grandmother’s son. Is it legal to transfer my great-grandfather’s land to my grandfather’s second wife? If not, how can we proceed to reclaim the land?
Land inherited from a great-grandfather and registered in the grandfather's name is ancestral property. The grandfather cannot unilaterally transfer the entire property to his second wife and her son, thereby disinheriting his own son (the questioner's father). As a coparcener, the son acquires a birthright in ancestral property. A Karta's power to dispose of such property is limited to legal necessity or benefit of the estate, not disinheritance. The second wife and her son are legal heirs, but they share alongside, not to the exclusion of, other coparceners. Your father can file a partition suit to reclaim his rightful share under the Hindu Succession Act, 1956.
If your grandfather inherited land from your great-grandfather, and then gifted it to his second wife, that may be legally valid unless the land is ancestral. If it's ancestral, your father can claim a share. File a partition suit and ask the court to stop any transfer until rightful shares are decided. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.
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