Sir my father has two brother out of which younger brother expired in 1992 and his wife married to another person . My uncle has only one girl and my father educate her and conduct marriage in june 2017. After marriage she demand property . My grand father expired in 1978 and grand mother in 2010. Advice
The daughter is the legal hair of the father. Merely by doing the upbringing and educating the girl and solemnizing her marriage does not mean that she don't have right on the property.
Till see is not giving the title of her property to any other person by way of sale, will or gift she will be the absolute owner of the property.
1. On death of your grand father his property devolves upon his sons in equal share.
2. SO your younger uncle inherited hid due share in the year 1978 and on his death in 1992 his due share further devolves upon his legal heirs which include his wife and children, if any.
3.The remarriage of his widow in the year 2017 does not relinquish her right of inheritance which opened to her in the year 1992 itself.
4. So your aunt even if she remarriages is lawfully entitled to her share in the proeprty left by her first husband. So do not deprive her from her rightful claim.
No question of giving property out of your father’s share or his self acquired as there is no legal adoption on your father’s part.
Even if it is ancestral property and as her father expired in 1992 before 2005 HSAA came into force, she will not have rights over the property.
One property situated in town which is purchased by my Grand father in 1957 and other property which is agriculture land (ancestral property ).
Respected sir...
The girl who is your sister ...From your uncle..
Sir she can claim right in property which is ancestral or which is acquired by your grandfather ..As she had right over it ..Sir it doesn't matter weather or not her father is alive or not or her mother's remarried or not but she is still entitle and she had right ..But she can't claim of your father's property...
Thanku
Hi, girls can claim share in the ancestrol property of parents..
Hindu Succession Act, 1956, was amended in 2005confirmed the rights of girls on the ancestral property.Time of purchase is immaterial in this case.
1)uncle daughter has share in property standing in name of deceased grand parents
2) on uncle demise his wife and daughter would inherit his share in property
3) give her the share in property
under provisions of zamindari abolition act daughter has no share in agricultural land in UP .
she would have share in property in town
Grandfather died intestate without creating any will with regard to his properties then his properties equally distributed to his legal heir’s(son and wife) .If any of the legal heir is died after his death then his successors also get his share. If so she has a valid claim over the property which her father has share. Ancestral property is defined as the property whose title has not changed for last 4 generations i.e. from great grandfather to great grandson without being interrupted by any partition/ settlement/sale/gift deed or will. If it is not so, then it is not an ancestral property. So check the property is ancestral or not?
In agricultural land she could not claim as per law
1. The property in question was originally purchased by your great grandfather in 1957.Hence, on the intestate demise of your grandfather the property owned by him devolved through succession on his widow and children.
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2. The share of uncle who died in 1992 further devolved on his widow and daughter, so the daughter is now free to file a suit for partition to cull out her share in the property.
She is entitled to claim her father's share, which he had in grandfather's property.
1) whole share of her father goes to uncle's daughter. That 1/3 rd of share in house and agriculture.
2) Still you want the benefits from her than I advise you legally.
3) do arrange consultation call with me.
If it is a joint undivided property she may have right as per the Hindu succession Act 2005 amendment. Please refer the same.
yes brother she can demand the property but only the share of her father for that purpose she has to file civil suit, it will not be an easy task.
If there was some property left behind by your grandfather upon his intestate death then that will devolve on his legal heirs consisting your father and his brother.
The daughter of your father's deceased brother is entitled to her father's legitimate share in the property.
Your father cannot deny or deprive her rights just because he took care of her and got her married.
One property situated in town which is purchased by my Grand father in 1957 and other property which is agriculture land (ancestral property ).
She is entitled to her father's share in the property.
Her mother is not entitled since she got married and living away.
Hi, as per recent amendment of law, she can ask the share of her property.
