Dear Client,

Is your father alive, than he can make the WILL and distribute property acc. to his choice.

Property will distribute by 1/5th each and deceased daughters share will devolve in their children.

1) Yes, they claim in the property as they also has rights in property for their mothers share means your death sisters share.

Dear Sir,

The suit for partition must be filed within 12 years cause of action as such it is time barred. Let your sisters file suit they won’t see the result in their life time.

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Article

106 of the Limitation Act provides for period of 12 years limitation for a

distributive share of the property of intestate against other person illegally

charged with the duty of distributing the estate. Time begins under Article 106

when the legacy and share becomes payable or deliverable. Under Article 110 of

schedule­I of the Limitation Act, suit has to be filed within 12 years by a person

excluded from joint family property to enforce a right therein which time

commences when the exclusion becomes known to the plaintiff.

On demise of daughter their children can claim share in property

They can claim one fifth share in property

elder daughter has made the other 2 sisters as defendants because as per the procedure all the legal heirs of the deceased are required to be made parties in the suit

if the 2 daughters who have passed away are joined as party defendants then the suit has to be amended by plaintiff daughter to delete the names of deceased sisters and add the names of the legal heirs of the deceased sisters

a suit cannot be prosecuted against dead parties

Whether your father died intestate then yes they have right to claim partition and legal heirs of other two daughters have right in the grandfather property and they can be made as a party to suit. If they are not made as party case can be dismissed for non joinder of necessary and proper party

Deceased Sister Childrens certainly have a right to get an equal share in the property. It is best to file a suit for partition before they take a stay order from the court . A son of a pre deceased daughter is a class1 legal heir and shares equally with other class one heirs .

1. IF Father is alive, THEN "nobody" can stake claim on his self-acquired properties.

2. IF Father is deceased and has prepared WILL, THEN the properties will be inherited as per the clauses of the will, without any further reference to any conditions.

3. IF Father is deceased and has NOT prepared his will, THEN proper court order is required, by the residual Legal Heirs, to claim property of the deceased person, irrespective of daughter or son. Tentatively, ALL the residual dead /alive Legal Heirs and /or their Heirs, can claim their share in the deceased's property.

Keep Smiling .... Hemant Agarwal

In case a person dies without leaving a will, his property is liable to be distributed among his class 1 heirs which include, among others, the daughters and sons of his pre-deceased daughters.

But you did not say if your father is alive, and in case not if there is a will. Please clarify.

Your sister as well as the legal Heirs of your sister can claim share in the share of your father's property after his demise, if he died intestate.

Sir the legal heirs of the daughter can claim the right in the property, Yes they will be joined as parties and they will get there share till they are not relinquishing in your and your brothers favour.

1. If the father died intestate and after 2005 leaving behind his self acquired and ancestral property then and the daughters passed away after the death of their father then their respective children can claim 1/5th share through their deceased mother.

2. Now if they wish to release their share in the property they can do so by executing a registered deed of gift or relinquishment.

This is my response to you:

1. Yes the children of the daughters can claim on the grandfather's flat;

2. The share will be less, but it will have to be given to the legal heirs of the daughters;

3. Consult a local lawyer to understand the partition.

Dear Sir,

You must take the contention of that the shares of deceased sisters already given as such their children do not have right to claim a share.

Daughter’s family cannot claim any share in the property as a granddaughter maternal grandparents' properties have no share. However, daughter was entitled to a share during her lifetime.

Regards

If your father is reported to have died intestate then his properties shall devolve equally on all his legal heirs.

Therefore the daughters who have been reported to have died are also entitled to a share out of their father's property equally at par with the other legal heirs.

Now their legal heirs can claim their share as a right.

1. Is your father alive?

2. If the property in question was inherited by your father from his father then it is your father's separate property which is at par with self acquired property. During his lifetime he is free to alienate or bequeath it in the manner he desires and none of his heirs can claim any share therein.

3. If, however, your father dies intestate i.e without making a will then it shall devolve through intestate succession on all his children equally.