Your Aunts have equal share in Grand fathers self acquired property.In Ancestral property ,First you have to check the property is ancestral or not?

What is ancestral property ?

Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner. The rights in ancestral property are determined per stripes and not per capita. This means that the share of each generation is first determined and the successive generations in turn sub divide what has been inherited by their respective predecessor.

Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. Property inherited by will and gift are not ancestral properties. Self acquired property on the other hand can become ancestral property only if it is thrown into the pool of ancestral properties and enjoyed in common. This is a matter to be determined on the facts and circumstances of the case.

The Supreme Court of India has said that women do not have the right to inherit ancestral property if their fathers died before September 9th, 2005. The view of the Supreme Court is that amended provisions of the Hindu Succession (Amendment) Act, 2005, do not have retrospective effect. The father would have to be alive on September 09, 2005, if the daughter were to become a co-sharer with her male siblings.Until this judgment by the Supreme Court, women could not ask for a share if the property had been alienated or partitioned before December 20, 2004. But now, the court has made it necessary for the father to have been alive on or before September 9th, 2005 for the daughter to claim her right in the family property.

If it is not ancestral property ,your aunts have equal share in the property after the death of their father.

1) daughters (aunts) have no share in ancestral property as father died before 2005

2) however they would have equal share in self acquired property of the deceased father

1. The properties bought in the name of the your grand father even if with fund of your father would be treated as sekf acquired property of your grand father and hence your aunts can lay their cmail of equal share.

2.Only the ancestral property,if any left,would be inherited by yur father.

.3.Since refusal to part with share of your aunts will give rise to legal dispute it is advisable that you settle the dispute amicably and make a mutual deed of partition to demarcate respective sahre one and for all.

Negotiate accordingly.

Hi

If your grand father has ancestral and self acquired property his married daughters will have right only in the self acquired one.

The Property which is acquired by your Grand father during his life time, with the help of his son

is considered as his property since it is in his name, and in the absence of any testamentary documents like WILL, the same is opened to equal division among all the legal heirs including married daughters.

Hence your aunts do have a share and can claim it legally.To avoid a division through a court order settle it amicably if they are willing for it.

If your grand father has ancestral property which comes within the meaning of ancestral property in legal terms will not have succession opening to married sisters as they are married before 1984 and father has died before year 2005 amendment.

To identify the property whether it is ancestral, see if it has been transferred to your grandfather for 4 generations without division .

If the ancestral property constitutes major parts , then it is advisable to go for a division through filing a suit for partition.The Aunts will not be able to get a claim of shares in the ancestral property.

They can not get equal share because the rule for equal share will applicable if your grandfather died after 2005,

Hindu succession act 1956 will apply.

Dear Concerned,

NO - your aunt can not claim share in the properties of your grandfather as your grandfather passed away in 2001. In the present scenario all the properties are / were on your Grandfather's name and your Grandfather passed away before 2005 , hence no share to Aunts.

Best of luck

Hi, in ancestors property your aunts have a equal share as per Hindu succession act .. The properties your father naught with his money , are not ancestrol and are self acquire property ..

Though she can claim equal share in the self acquired properties of your grandfather, they've no claim in the ancestral property. That's because they are not be given the benefit of the Hindu Succession Amendment Act of 2005 for your grandfather died in 2001.

For such properties (self-acquired) that though stand in the name of your grandfather, but were bought by funds exclusive contributed by your father, your father's sister cannot claim a share in this property. However, for this, the onus will be on your father to demonstrate before the court that the sale consideration for such properties was exclusively contributed by him.

Hello,

I am afraid but your aunt can not claim the share in your ancestral property due the advent of the 2005 advent, since he died in 2001 i.e., before 2005.

But she can have a share in the property purchased exclusively by your grandfather.

Regards

Those ladies cannot claim any share in the ancestral property because only coparceners have right to get  ancestral property. The law has changed after the amendment of 2005 because after this amendment a daughter is also included as coparcener in the ancestral property. But according to this amendment to get this benefit father must be died after 20 September 2005. In your case you grandfather has died in 2001 therefore those ladies cannot claim right in the ancestral property. She can claim share in the self acquired property because your grandfather has died intestate and he did not make any arrangement of his self acquired property. In this condition self acquired property celebrity walk to the legal heir according to the law of inheritance and survivorship.

1. If title of some of the properties of your grandfather did not flow uninterrupted for 4 generations i.e. from your great grandfather to you, i.e. without conveying its title through sale/gift/settlement deed or will, then those properties are not called ancestral properties of your father but inherited properties.

2. So, all the children of your grandfather, including your aunt, will have equal right on the said properties of your grandfather.

3. However, if your father gets an order from the Court declaring that he had purchased some of the properties in the name of his father by paying from his own fund, the Court may declare that the said properties should be considered as his properties and may direct the Registrar to register the same in his name and in that case your Aunt can not claim any share from the said properties.

4. If your father can prove that some p[art of the properties of his father are ancestral properties as defined above, the your Aunt will not get any share from the said ancestral properties.

The properties in the hand of your deceased grandfather, even though he inherited from his father and has self acquired also, all the properties shall belong to him and he enjoyed the same as absolute owner with marketable title to them.

As your grandfather is reported to have died intestate, his properties shall devolve equally among all his legal heirs, i.e., his wife, children and mother (if living).

At this stage if your grandmother and his mother are not living, then the properties shall devolve equally among his own children i.e., your father and his siblings.

Therefore your paternal aunts are entitled to a legitimate share in the properties left behind by their father as a right.