Step-sisters legal heir in ancestral property
My Grand Father is Dead long back. He did two marriages. First Marriages wife (A) and after death of first wife he did second marriage wife (B)
Wife (A)Dead = 1 son my father.
Wife (B) = 3 daughters + 1 son. All the daughters are married before 1994, and well settled with their husbands.
Grandfather did not make any will of the property. In 7/12 property showing 50%-50% to My father and his Step-brother, but in other rights daughters names are there.
My father and his step- brother are enjoying the said property 50-50%.
Now suddenly as per Hindu Succession act amended 2005 Wife (B)’s 3 of daughters are claiming their share in property of my grandfather which is under our possession.
Sir, I want to know.
1)How far these daughters are law full as they all are married before year 1994? and If they are lawful then are they going to share the whole property of my Grandfather or they will share in the 50% of my father’s step-brother.
2) Is this property of my Grandfather will divide in 50%-50% in wife (A) and Wife (B) and then accordingly to their heirs (50% to my father and 50% to their step brother and 3 step-sisters)
or each child will get the same share.
Asked 3 years ago in Property Law from Mumbai, Maharashtra
when did your grand father die? was it self acquired property of grand father ?
it appears to be self acquired property of your grand father . on his death all 5 children would have equal share . ie your father would have only 20%share in property.
You have not mentioned the date of death of your grand father. This may hold some importance insofar as determining the rights of his daughters is concerned.
You have mentioned that your grand father did not make a will during his life time, and that the records show the property being shared by your father and his step-brother. Be that as it may, all the children of your grand father including the daughters have an equal share in the property unless it could be proved that he had disinherited them.