• Inheritance law

My family has an ancestral property of one acre.My fathers and his one sisters names are appearing in the 7/12 document.My father was born in 1940 and his sister around 1950.My grandfather expired in the year 1954 and grandmother in the year 2007.As per law what is exact share will she get.
Asked 7 years ago in Property Law
Religion: Hindu

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15 Answers

1) daughters did not have any share in ancestral property prior to 2005

2) they would have share only if father and daughter both were alive when hindu succession amendment act 2005 came into force

3) since her father died in 1954 your aunt would not have share in ancestral property

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

1. It s not cler on what basis you are calling this as ancestral proeprty.

2. On death of your grand father the property if ancestral devolves only upon his sons and wife.

3.Now on death of his wife her share further devolves upon her sons and daughters.

4. So on other words your aunts have sahre in the proeprty.

5. The portion of their respective share us determined by number of sons and daughters he has left.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
510 Consultations

On what basis do you call the property ancestral? Who was the original owner of the property?

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

Hello,

Your aunt will not have any share and the advent of amendment act 2005 will effect those people only who die after 2005.

regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

1. How did the property pass to your father? If your grandfather died intestate i.e without making a will then the property passed to your father and his siblings. This property is not ancestral in the hands of your father. It is separate property of your father and his sister, each of whom has an equal share in the property.

2. You cannot sell the entire property without the consent of your father's sister.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

1) her signature would not be required as it is ancestral property

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

your aunt has no share in ancestral property as he father died before 2005

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

Yes Signature of your aunts would be required.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
510 Consultations

If this is an ancestral property, this could not have gone to your father's sister. Upon the death of your father, it was to be divided equally between you father and his mother. Post the death of your grandmother, even her share was to come to your father. Your father needs no one's consent to sell this off.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

1. If is the inherited property of your father and his sister.

2. They have inherited the said property in equal share from their father who demised intestate.

Krishna Kishore Ganguly
Advocate, Kolkata
27453 Answers
726 Consultations

. For selling the jointly inherited property signatures of both the legal heirs of the property will be required.

Krishna Kishore Ganguly
Advocate, Kolkata
27453 Answers
726 Consultations

1. If the property belonged to your great grandfather then how did your father's name appeared in the 7/12 documents?

2. Was there any will or deed of conveyance transferring the property in favour of your grand father or anybody else?

3. If flow the title of your great grandfather has been interrupted within 4 generations, then it is no more considered as ancestral property for which it will treated as inhertited property of your father and his sister.

Krishna Kishore Ganguly
Advocate, Kolkata
27453 Answers
726 Consultations

Since your father and his sisters are legal heirs to their deceased father, they are entitled to an equal share in the property left behind by your grandfather who is reported to have died intestate.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

Your father and his sister are the share holders. She can execute a registered release deed in your father's favour after which he can sell the property independently

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

Since your grandfather inherited the property he becomes an absolute owner of the property.

Hence there is question of ancestral.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

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