I want to know about family definition in registration act. the thing is grand father executed a will in

Question

favour of grand childrens born to his two sons. One son and duaghter to one son and one son and one daughter to another son. now I have registered a partition deed. I want to know whether the grand children will come under the definiation of family.

Answer 1

First clarify whether the Grandfather executed a 'Will' or partition deed of his property? Secondly the 'Will' come in operation after his death & this 'Will' can be changed by him anytime before he dies. The Partition deed become operational on its being executed & the named person get part of share in the property of the executor of the partition deed. The person conveys his property by the partition deed which has to be properly registered. The 'Will' may or may not be registered but Partition Deed conveying any immovable property has to be registered under the Registration Act. Now coming to the next question whether the grand children in whose name the grandfather transferred his property are covered under the definition of family or not, firstly when a 'Will' is made or a Partition deed is made for transferring of the property by a person who owns such property & such property has been self acquired property of the person, then whom he conveys his property is his prerogative that person(s) can be his relitive,friend or even stranger, the question they are his family member has no relevance. As far if the Karta of the Joint Hindu Family property goes for partition of the Joint Hindu Family property them he is supposed to bring partition of the property firstly which is joint Hindu family property (Ancestral Property) & secondly between all the living coparceners who are family members, in that case the above named grandchildren of both his sons as well both his sons & he himself get share each in this joint Hindu family property not only the grandchildren. What I can presume in this case the grandfather has conveyed his self acquired property in favor of all his grandchildren.