No your sisters can't claim a share in this property because in your case, the partition has opened prior to 2005 and it was only in 2005 that daughters too were given coparcenary Rights. Thus, had your father was alive till 2005 and would have had any time after 2005, only then your sisters could have staked a legal claim on this property. I repeat, in your case they can't.
Information on married granddaughter's right
My father and grandfather both died before signing a will. The entire property is still in my grand father’s name. It was never transferred to my father’s name. My father died 25 years back and my grandfather died over 35 years back. My mother is still alive. we are 4 sisters and 2 brothers. All sisters are married and aged between 35-50. Now my question is: do married grand daughters also have any right to claim their share in our grand father’s self acquired property? If yes under which law, article etc? What is the legal procedure to claim our share? Kindly explain in Detail.
Asked 8 years ago in Property Law
Religion: Hindu
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4 Answers
1. Is your late father the only child of your late Grandfather?
2. If yes, then after the demise of your grandfather, intestate, your father inherited all his late father's properties.
3. After the demise of your father, all his children including his 4 daughters and wife (if she is still alive) will equally inherit all his said properties.
4. The above act of inheriting parental and spousal property is as per Indian Succession Act.
5. Had the property been your ancestral property i.e. belonging to your great grandfather without any change of title, then your sisters would have no claim on the same since your father had died before the year 2005.
6. Since it is not an ancestral property as defined by law, your sisters will have equal claim on it along with you.
1) is your father only son of grand father ?
2) did he have any siblings . ?
3) on your father death your mother , you , and your siblings have equal share in property
4)under provisions of Hindu succession act on father demise your mother you and siblings have equal share in the property
5) file suit for partition to claim equal share in property
The property that belonged to your grandfather, upon his intestate death, devolved equally among all his legal heirs.
If it is presumed that your father was the only legal heir to your grandfather, then the entire properties automatically devolved on your father (though the revenue records are still in the name of yor grandfather).
Thus, upon your father's intestate death, this property or his share of property shall again devolve equally on all his own legal heirs consisting his wife and children (and also his mother if she is living or survived his death);
Now, as you said that you are 4 sisters and 2 brothers, with your mother, this property shall be divided into seven equal shares and you are entitled to one such share.
If others do not agree for partition or any amicable solution/settlement, then you may file a partition suit seeking partition and separate possession of your rightful share with metes and bounds.
This is the position of law, if you want to know more about it you may go through the Hindu succession Act for more clear picture on the subject.
