• Inheritance of grandfather's property

My grandfather died in 1972 . My grandfather had a ANCISTRAL property from his father. He partitioned that property among his sons in 1961 by a partition deed .They are enjoying that property. I am a son of his DAUGHTER we didn't get any property from him through that partition. Now can I claim a share from that property by filling a case . Can I be successful in that issue.Please do answer me with easy explanations . I do not have proper legal knowledge. Help me
Asked 8 years ago in Property Law
Religion: Hindu

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11 Answers

In 1972 daughters were not coparcenars; and thus, they had no right in the ancestral prperty.

It was only in 2005, after the Hindu Succession Act was amended, the daughters were included as coparcenars and were thus, given a right in coparcenary property.

You cannot claim a share in this property. Sorry.

Vibhanshu Srivastava
Advocate, Lucknow
9767 Answers
323 Consultations

1) property which has remained undivided for four generations is ancestral property

2) in the present case grand father during his lifetime partitioned the inherited property in 1961 .

3) it is not ancestral property

4) you would not have any share in the property

Ajay Sethi
Advocate, Mumbai
100025 Answers
8164 Consultations

First of all this is not an ancestral property since the same was partitioned in the year 1961. An ancestral property is one which remains undivided for four generations.

You can not claim any share in that property at this juncture, for the reason that this highly belated claim and for the reason that the daughter ere not having any right in the ancestral property before 2005.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Before the year 2005 the daughter did not have any right of share in the proeprty left by their father which is ancestral in nature.

So in this case since the grand father got the proeprty partitioned among his sons you mother being his daughter did not have any sahre.

In that event on his death you can not claim any share therein.

Devajyoti Barman
Advocate, Kolkata
23662 Answers
538 Consultations

You cannot get

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

Your mother had one fifth share in undivided property

She can file suit for partition for division of property by metes and bounds

Ajay Sethi
Advocate, Mumbai
100025 Answers
8164 Consultations

Your mother has 1/5 share in the property which was left undivided by your grandfather and she may claim the same from her other siblings.

Vibhanshu Srivastava
Advocate, Lucknow
9767 Answers
323 Consultations

Your mother had 1/5th share in the property.

She can claim the property from other siblings by filing a suit for partition.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

No, if the father died before 9 sept 2005, no ancestral right in the property. .

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

The property inherited by yor grandfather from is father is not an ancestral property.

After inheritance it becomes his own and absolute property.

He need not allot any share to his daughters, there is no compulsion on him to do so.

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Your grandfather had marketable title to the property hence he had full rights to dispose his property in any maner and to anyone of his choice.

The partition deed made by your grandfather favoring his sons alone is valid in law and his daughters cannot claim any share in the property as a right.

Therefore your claim is not tenable as per law.

T Kalaiselvan
Advocate, Vellore
90227 Answers
2507 Consultations

As my mother is one of the daughters can she claim her share in both properties .If she can what will be the share in each properties.Please answer with easy explanations.

Your mother has a right to a legitimate share in her father's one property that was left behind by your grandfather who is reported to have died intestate.

She can claim an equal share in this property alone and can file a partition suit

T Kalaiselvan
Advocate, Vellore
90227 Answers
2507 Consultations

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