• Daughter's right

Hello,
My grand father had three children of their family. Two daughters and a son. They(grand pa and grand ma) are passed away, few years back( 1993, 1997). Elder daughter died on year 2007, she has no children and her husband also expired. Son also died on year 2005 and left his wife and his daughter ( daughter is also married). Only younger daughter is alive (59 yrs old ).
My question is, does living sister can claim the portion of our died sister from our undivided property ??
as per which law she can claim ??
If she cant claim, please let me know, how much she can claim and under which section ??
Their property is in Dumdum(kolkata).

thanks
Santanu Dey
Asked 7 years ago in Civil Law

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5 Answers

1. Assuming that all the deceased legal heirs have died intestate, the beneficiaries would be the younger daughter who is alive and the family of deceased Son.

2. In other words, the living daughter is entitled to 50% and the family members collectively of deceased Son shall be entitled to 50% share in the undivided property of your grand father.

3. The family members of the deceased Son, as per your narration, are his widow and a married daughter and they are entitled to 25% share each in the property.

Shashidhar S. Sastry
Advocate, Bangalore
5116 Answers
314 Consultations

5.0 on 5.0

On demise of parents 2 daughters and son had equal share in property

On demise of elder daughter her share will devolve on her surviving sister as her class 2 legal heir under provisions of Hindu succession act

Ajay Sethi
Advocate, Mumbai
94725 Answers
7536 Consultations

5.0 on 5.0

1. When there is no class legal heir is available then second class legal heir can claim share.

2.sOIF DECEASED SISTER HAS NO HEIR LIVING THEN HER LIVING SIBLING CAN CLAIM HER SHARE.

3. In this case the sister has 2/3rd sahre in the proeprty.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

My question is, does living sister can claim the portion of our died sister from our undivided property ??

No, she can claim her own rights in the property, the share of property that belonged to the sister already died without any heirs shall be merged with the properties that remain undivided and shall devolve on all other legal heirs equally.

as per which law she can claim ??

She cannot claim her sister's share individually to her own self.

If she cant claim, please let me know, how much she can claim and under which section ??

Their property is in Dumdum(kolkata).

There is no question of an individual claim on it.

It belongs to everyone in common.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

1. All the legal heirs of the grand father, who died intestate, are entitled to equal share of his property.

2. So, there are 3 virtual divisions of the said property amngst his three children (his wife has also died intestate).

3. Since the elder daughter of the late grandfather is also dead living behind no children and husband being class -I legal heirs, her 1/3rd share of her late father's property also will be inherited by her class-II legal heirs being her brother and sister and/or to the legal heirs of her brother and sister.

4. So, now the entire property of the grandfather will be divided amongst the legal heirs of her brother being wife and daughter and also her sister who is 59 years old now.

5. so, as per the Succession Act, the living sister will have equal share on her late father's properties as described above.

6. All the cases in this regards shall be dealt by Barasat Court of West Bengal.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

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