• Sister rights in grandfather's property

Mere dadaji ki banayee property mei meri avivahit behan ka kya right hoga jabki uska janm(1969 mei) dadaji ki mritu(1967 mei hua tha) k 2 saal baad hua tha.
Asked 4 years ago in Property Law
Religion: Hindu

16 answers received in 1 day.

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20 Answers

Dear Sir,

The property rights are described below. When you are the owner of the business of which your sister managing then you have full rights over such business. You will call such business in the capacity of proprietor. She is only your paid servant.

All property's owned by a Hindu person devolves onto his class one legal heir's.

Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir)

Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally.

Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.

Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.

Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.

To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner.

Hope this brings some clarity to your question and your sense of entitlements.

Kishan Dutt Kalaskar
Advocate, Bangalore
6049 Answers
363 Consultations

4.8 on 5.0

1)you and your sister have no share in property standing in name of deceased grandfather

2) on grand father demise your grand mother , your father and his siblings would inherit his property

3) on your father death you and your sister would inherit his share in property

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

if business is inherited your sister would have equal share

2) if you have started business your sister has no share

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

1. Aapke pitaji jivit hain ke nahin? Aapke pitaji ke jeevan kal ke dauran na aapka aur na hi aapki behan ka koi right hai.

2. Aapke dadaji ki property unke nidhan ke pashchat unke bachhon par devolve hogayi.

Ashish Davessar
Advocate, Jaipur
30759 Answers
958 Consultations

5.0 on 5.0

Hindu Succession Act, 1956, was amended in 2005 and that confirms the right of girl child.

She can claim her right

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

If that property would have been sold before the birth of girl child and grandchild then this matter would have never arise but as this is ancestral property the share of girl child cannot be denied.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

It is self acquired property of grandfather

2) grand son by birth does not acquire share in grand father property

3) on demise of grandfather your grandmother and father would inherit the property

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

1. Your query is about the rights of your sister in the property of your grandfather and then you confuse and confound it by asking questions about the potas and potis who are born after the demise of grandfather. It is better to be unambiguous at the outset.

2. Be that as it may, the potas and potis who get born after the demise of dadaji will have no share in the property during the lifetime of their parents.

Ashish Davessar
Advocate, Jaipur
30759 Answers
958 Consultations

5.0 on 5.0

On 9 September 2005, the Hindu Succession (Amendment Act), 2005 (Amendment Act) came into effect and daughters in a joint Hindu family, governed by Mitakshara law, were granted statutory right in the coparcenary property (being property not partitioned or alienated) of their fathers.

The Amendment Act fuelled a debate on whether a daughter's right in coparcenary property was available even prior to commencement of the Amendment Act, i.e. were the rights granted to daughters in the coparcenary property retrospective in their application? The debate on retrospective application of the Amendment Act has now been put to rest by the recent pronouncement of the Supreme Court (SC) in the case of Prakash & Ors v. Phulavati & Ors, rendered on 16 October 2015. SC, in its judgment, has held that the property rights of daughters are prospective in their application, i.e., to be available only if both the father and the daughter are alive on the date of commencement of the Amendment Act (i.e., 9 September 2005).

So, you also tell me as to whether your father is alive or not.

Raj Kumar Mishra
Advocate, Allahabad
165 Answers
2 Consultations

4.5 on 5.0

Agar apke pitaji or apki dadi ji jeevit hain, to aaj ki date mein aapke dada ji ki banayi hui har property pe apke pita aur dadi ka adhikar hai.

Apke propritorhip firm mein aapki sister ka koi hakk nahi hai.

Vibhanshu Srivastava
Advocate, New Delhi
9422 Answers
235 Consultations

5.0 on 5.0

Dada ji ki banayi hui saari property par unke bete ka haw hoga aur na ki unki pote aur poti ka

yadi aapke dada ji bina kisi will ke guzar jaate hain to wo saar iproperty aapke pitaji ke naame aa jayegi

Anilesh Tewari
Advocate, New Delhi
17923 Answers
367 Consultations

5.0 on 5.0

wo property jab pita ji ke naam aa jaayegi wo wo pita ji apni property maani jayegi, aur pita ji ke jeewan kal tak uspar kisi ka haw nah i hoga

Anilesh Tewari
Advocate, New Delhi
17923 Answers
367 Consultations

5.0 on 5.0

Yadi pitaji bhi bina will ke guzar jaate hain to aapke aur aapki behen ke beech property me barabar ka hissa ho jayega

Dhanyawad

Agar aage kuch puchnoa ho to bataiyega

Anilesh Tewari
Advocate, New Delhi
17923 Answers
367 Consultations

5.0 on 5.0

That time no right of your sister. But if the property is still there and no sale, disposition or partition occured till [deleted] then she has right as per amendment in Hindi succession Amendment Act 2005. As per the said amendment the right of girl child is by birth. No right in your business.

Prashant Nayak
Advocate, Mumbai
26719 Answers
79 Consultations

4.4 on 5.0

jo property aur business aap ki name par hai, uski bat chor dijie, kiuki o to aap ki ho gai. lekin jo property aap ke dadajike name par or aap ke pitakike name par hai, usse aap behen ki hissa kaise nehi doge. aap jo bol rahe hai ki jab aap ki dadaji ke dehant hua tab aap ki behen ki janam nehi hua, too keya hua. jab tak aap ki pitaji jinda hai tab tak aap bhi aapke dadajike koi prorperty ke hakdar nehi hai. aap ki dadaji ki dehant ke bad aap ki pitaji uss property ke hakdar hua hai. aap ke piteji ke swargabas hone ki bad hi aap sab uske hakdar honge, usme aap jaise hakdar banenge oesehi aap ki behen our mataji bhi honge.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

4.9 on 5.0

Grandson and granddaughter does not have any right to inherit the property of your grandfather because during the lifetime of the grandfather the grandson and granddaughter were not in existence so after the demition of your grandfather The property would go to your father i.e the real son of your grandfather then only The son can dispose of the property as per his own will and wish.

So far as the business is concerned if you both are running the same ancestral business than your sister is equally liable to share the profits there is also a point that amendment of 2005 is concerned the girl child is equally right to inherit the ancestral propertyprovided the grand children's must have born during the lifetime of the grandfather

Atul Shahi
Advocate, Allahabad
160 Answers
1 Consultation

4.6 on 5.0

Mere dadaji ki banayee property mei meri avivahit behan ka kya right hoga jabki uska janm(1969 mei) dadaji ki mritu(1967 mei hua tha) k 2 saal baad hua tha.

Neither she nor you have any rights in the property for any share ion it during the lifetime of your father.

If your father is not living then your father's share in the property shall devolve equally on all his legal heirs which will include your sister.

In that case she will have equal rights at par with you.

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

Uss avivahit behan ka business per kya adhikaar hoga jabki business ka proprietor mai khud hoon.

If this business was inherited by you on ther basis of legal heir or successor in interest, then she will be entitled to the same benefits what you are enjoying, because the daughter has equal rights in their father's properties to that of the sons..

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

mujhe ye janna tha ki dadaji k saamne jab koi bhi pota ya poti janm na liya ho unki mritu k 2 saal baad agar uska janm hua ho .to uska paternal property pe kya huk banta hai qki saari property n business dadaji ki banayee huee hai mere pitaji ki nahi aur pitaji k koi bhi bhai ya behan nahi hain.

Upon your grandfather's intestate death his properties shall devolve on his legal heirs, in this case since your father alone is the legal heir, he becomes the absolute owner of the entire properties and it becomes his own and absolute property during his lifetime.\

His next generation i.e., his children nor his wife can claim any share in the property or business during his lifetime.

Therefore neither your sister nor you can claim any share in the property or business as a right especially during the lifetime of your father.

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

Hi, in the business there may not be any share because you are the proprietor but she has share in other property.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

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