• Property rights to maternal grand daughter

maternal grand daughter can claim property rights in maternal grand father house.
 maternal grand father is -----Sriramulu. he has two children
 1. Balamani (died in 2007)
 2. Ramchander (died in 2017)

Ramchander has 3 children.Now Balamani daughter claiming half rights in Grand father house.
Asked 8 years ago in Property Law
Religion: Hindu

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7 Answers

She can claim her rights as she is a legal heir to the property.. But she can claim only on the share that was of balamani( her father)..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

1) I presume it is self acquired property of grandfather

2) on demise of grandfather grand mother . 2 sons have equal share in property

3) on balamani death his share in property would devolve on his wife and children

Ajay Sethi
Advocate, Mumbai
99856 Answers
8148 Consultations

Balamani can claim equal share in property standing in name of her uncle Ramchander as her father share would devolve on her mother , her and her siblings

Ajay Sethi
Advocate, Mumbai
99856 Answers
8148 Consultations

1. On the demise of Sriramulu his property devolved on his children.

2. On the demise of Balamani her share in the property of her father devolved further on her legal heirs i.e her widower and daughter. Her husband and daughter are free to file a suit for partition to cull out their share in the property. They can also seek injunction to restrain others from alienating the property.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

You have not mentioned if the grandfather Sriramulu is living or no more.

Taking it as he is no more and reported to have died intestate, Balamani has an equal right along with her brother Ramchander in the properties left behind by her deceased father.

Now Balamani is reported to have died intestate, the share of property that she is entitled out of her father's property shall devolve on all her own legal heirs consisting her children and husband.

Thus Balamani's daughter is also entitled to a share out of the share of Balamani in the property.

T Kalaiselvan
Advocate, Vellore
90058 Answers
2499 Consultations

Sriramulu wife also died in 2009..presently that house is in the name of Ramchander in GRAM PANCHAYAT records.and Balamani had only one daughter she got married in the year 2011.

Note: Balamani is Female

Balamani's daughter is very much entitled to her deceased mother's share in the property that was left behind by her grandfather who is reported to have died intestate.

The village revenue records are not title documents hence she can very well file a partition suit seeking partition and separate possession of the share she is entitled in the property.

T Kalaiselvan
Advocate, Vellore
90058 Answers
2499 Consultations

Dear sir

Here Balamani is female..

Whether male or female, the position of law is same for both the genders in this subject matter.

T Kalaiselvan
Advocate, Vellore
90058 Answers
2499 Consultations

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