• Inheritance of property through uncle

Respected members/Sir,
 
I have gone through the forum and read few articles for my situation i am getting contradictory info so help me with all possible advice below is the situation
Mr.A(Great Grand Father) had 5 children 3 girls and 2 boys, all born pre-independence and all passed away before 2002 Mr.A made a Gift Deed and passed on his own earned assets to both sons
all the 5 got married the 3 sisters and 2 son
now the 2 sons are B and C,
B had 2 sons and C died without issues, all the sisters in this case have their lineage.
B with sons died and since it joint family C got to be the executor and every thing was handeld solely by him 
C passed without legal Heir's and both widowed passed as well
 
Now my question is in this scenario can the daughters son's have any claim on this property
and Mr.B's Son who also have passed away can their heirs claim this
Kindly Clearify since the people passed away before the 2005 amendment.
 
I am a Party and am the grandson for Mr.B
Mr.A, Mr.B, and Mr,C and all the three sisters have passed away before 2001
 
i am no legal expert but is 2005 amendment applicable retrospectively.
i am not very well to do hence i post the query here first, and a favorable answer or a way out is what i am expecting.
Asked 3 years ago in Property Law from Mumbai, Maharashtra
1. The issue herein has no nexus with the 2005 amendment in the first place. The reason being-The property was the self purchased property of A who gifted it to his two sons B and C. In terms of the gift deed both B and C assumed complete ownership rights over this property. Neither the daughters nor their children have any right in this property. 

2. Since C died without any issues his property will vest in the children of all his siblings. 

3. If B died without making a will then his sons have an equal right in his property.
Ashish Davessar
Advocate, Jaipur
19239 Answers
486 Consultations
5.0 on 5.0
the sisters themsleves are entitled in this scenario being class 2 heirs. the amendment act has no nexus with your facts and circumstances.
Ananth Kumar
Advocate, Bangalore
122 Answers
57 Consultations
4.5 on 5.0
B and C were absolute owners of property since it was gifted to them by their father  A . sisters have no share in the property . 
since C died intestate and without any issues his property will devolve on his siblings children . B share will devolve on his children
Ajay Sethi
Advocate, Mumbai
26202 Answers
1423 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
16566 Answers
153 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
26202 Answers
1423 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
19239 Answers
486 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
13228 Answers
281 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
6501 Answers
72 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2998 Answers
45 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
948 Answers
64 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1994 Answers
23 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1353 Answers
93 Consultations
5.0 on 5.0
Shashidhar S. Sastry
Advocate, Bangalore
1282 Answers
66 Consultations
5.0 on 5.0