• Granddaughter's share in grandmother self acquired property

My grandfather bought some property in my grandmother name. They died soon After. They had 3 sons one of them being my father. Now I am 4 brother and 1 sister. My father is still alive. But the property is still in my grandmother name. Now how will the property be divided. What is the share of my sister in the property.
Asked 8 years ago in Property Law
Religion: Hindu

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18 Answers

The property acquired in the name of your grand mother would be treated as her self acquired property and hence on her death the same is liable for equal division among her 3 sons who include your father as well.

However the 1/3rd share your father will receive in his mother proeprty will be held as his ancestral property and hence his 1/3rd share will be alible for equal 1/5th share among your4 brothers and 1 sister.

Devajyoti Barman
Advocate, Kolkata
23656 Answers
537 Consultations

Our father has one third share in property

2) during father lifetime you and your siblings have no share in property

3) on father demise intestate you abd your siblings would have equal share in the property

Ajay Sethi
Advocate, Mumbai
99868 Answers
8149 Consultations

the property is in the name of your grandmother but sale price is paid by grandfather, on the death of both grand parents intestate the children of grand parents shall inherits the property equally in your case it is 1/3rd share to each 3 children.

You or your sister will get the property right (grandmother property) only on the death of your father and not before.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

Firstly, you and your siblings would not be getting anything out of it.

Secondly, all your uncles and your father will have to get succession certificate first which would take almost 4 months from court.

Lastly, but yes you can ask for the share from your father's share once he gets. But it is not so easy as the property was on grand mother's name.

But we can try.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

If it is self acquired property of your grand father it will be enjoyed by your grand mother till her death. She may devide the property if she desires.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Hello,

If your father passes away without a will then you and your siblings will have equal share in the property and since the property that came to your father becomes his self acquired property therefore during his lifetime there will be no share of the legal heirs.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Your father are 3 brother and no sisters

Makes the share of the property in 1/3rd part to each

(Only when no one is dead)

Then your sister are 4 brother and 1 sister

And everyone is living then 1/3rd of your fathers property is further divided into 5 more parts

It is important to note here that this is possible only in residential nd commercial property

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

No, brother sister have any share int he property.

After the death of ur father that also intestate, his share will devolve in u 5 equally along with mother.

Yogendra Singh Rajawat
Advocate, Jaipur
23084 Answers
31 Consultations

1. This property will be initially divided amongst the 3 sons of your grandmother(including your father).

2. All four of your(4 brother and 1 sister) will have 1/5th share in the share that your father will obtain post division.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Hi, your father can transfer the share of your grandmother in his name through court .. The share , that your father recieves , will be equally divided among all of you ..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Supreme Court sets 2005 cut-off on women right to ancestral property

The court said the father would have had to be alive on September 9, 2005, if the daughter were to become a co-sharer with her male siblings.

In a ruling that will restrict the right of women seeking equal share in ancestral property, the Supreme Court has said that the 2005 amendment in Hindu law will not give property rights to a daughter if the father died before the amendment came into force.

The court held that the amended provisions of the Hindu Succession (Amendment) Act, 2005, could not have retrospective effect despite it being a social legislation. The court said the father would have had to be alive on September 9, 2005, if the daughter were to become a co-sharer with her male siblings.

The Hindu Succession Act, 1956, originally did not give daughters inheritance rights in ancestral property. They could only ask for a right to sustenance from a joint Hindu family. But this disparity was removed by an amendment to the Act on September 9, 2005.

The apex court judgment has now added another disqualification for women regarding their right of inheritance. Until now, they could not ask for a share if the property had been alienated or partitioned before December 20, 2004, the date the Bill was introduced. This judgment makes it imperative for the father to have been alive when the amendment came into force.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Your father can execute gift deed in your favour

If father dies intestate your sister would have equal share in property

Ajay Sethi
Advocate, Mumbai
99868 Answers
8149 Consultations

Yes, this can be done.

Once your father obtains his share post partition, he may settle this(his share) in favour of rest of his children, barring this sister of yours.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

My grandfather bought some property in my grandmother name. They died soon After. They had 3 sons one of them being my father. Now I am 4 brother and 1 sister. My father is still alive. But the property is still in my grandmother name. Now how will the property be divided. What is the share of my sister in the property.

The property purchased in yor grandmother's name shall be her own and absolute property.

Upon the death of your grandmother her properties will devolve on her own legal heirs i.e., your father and his siblings.

The property inherited by your father as his share out of his mother's property shall be his own and absolute property

Neither you nor your siblings or your mother can claim for a share in it as a right especially during the lifetime of your father.

T Kalaiselvan
Advocate, Vellore
90070 Answers
2500 Consultations

Now my sister had done intercast marriage 40 years ago and after this there was no relationship between our family and her. Now she claims for property after 40 years. The property is still in my grandmother name and my grandparents are no more. Now can my father dismiss my sister from the property or what will be the share of my sister in the property?

Your sister's claim for a share out of your father' share in the property of your grandmother. who is no more now, is not maintainable nor tenable in law.

T Kalaiselvan
Advocate, Vellore
90070 Answers
2500 Consultations

Your father will get the property right and not your sister.

On the death of your father intestate the share of your father be equally divided between your mother and children.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

As told earlier since the same is your fathers self acquired property therefore your sister as a matter of right can not claim any right on the said property.

However if your father passes away without a will then she will have equal share on the property. Get a will of the same on your name.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Partition amongst 3 sons you can get share from your father's share only

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

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