Legal Question in Civil Rights Law in India
Father who is no more now, had created family settlement deed which is registered document, at the age of 64,he later expired after 2 years. In this deed he diveded his property to his 2 sons.Further he created life interest by writing as. if elder son does not get male childrens then his share of property should go to the second sons male childrens.He also writes the same condition to the 2nd son. please let me know whether this condition holds good in the eye of law.
3 Answers from Attorneys
regarding the partiton, all the parties are bound, however, such sort of condition is illegal and un-constitutional
Conditions are discriminatory based on sex; and therefore void and contrary to constitution hence to that extent the Partition Deed is bad in law.
I disagree with the above, if the property was self acquired by the testator. all his conditions are legally valid. To know us better, please click on the links below:
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JSR/30313
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