Sisters have no share in your deceased father property

I presume it is self acquired property of deceased father

Please tell as to whether your father left any Will in your favour bequeathing his estate to you?

Yes. Your sister would have an equal share in the property left Behind by your father as she is a class 1 legal heir of your father.

1. did your grandfather transferred the properties to your name during his lifetime?

2. do you have registered transfer documents in your name?

3. if yes then the children of grandfather including your aunt will have no right to claim anything now

4. however if your father had transferred these properties to your name then he could have done so only for his share in the property

5. because assuming grandfather died without leaving any Will then his property will go to his legal heirs being widow, mother and children, in equal proportion

The onus is not on you but on them to act and seek a share in the property in inherited by you.

You cannot pre-empt them from filing any case claiming a stake in the property inherited by you.

Let them file a suit in their endeavour to seek a share from you/

If the property left behind by your father, belonged to your grandfather, claim of your father's sister has some weight.

1. It is not clear as to how the said properrty has been transferred in your name. Had your father executed any will based on which the said property has been transferred or he had registered any gift deed in your favour?

2. If you are the only legal heir of your father then you have inherited your father's property standing in the name of your father which can not be claimed by any body including his sisters.

When grand father died ?

Was it HUF ?

Well father sister have equal share in her father`s property.

She can claim partition but issue of limitation will come.

When grand father expired ?

Sir if the properties were purchased by your father and he was owner of same then there is no claim maintainable on same by his sister.

Secondly if the property were inherited by him by intestate succession (that is without will) or the properties are ancestral the sister can claim the share if she was not given her share she can demand the partition or file a partition suit.

Even transferred to your name if she has right she can claim same,

So kindly explain the history of property and nature.

1. If the property still stands in the name of your grandfather, then it will be equally inherited by all his legal heirs including his daughters.

2. Equal share of the said properties of your grandfather can be claimed by your father's sisters.

Since the properties are acquired by your grandfather and not father the devolution has taken place through intestate succession if your grandfather died without making a will. The properties have devolved on all the children of your grandfather equally. So the sister of your father has a share in the properties which she can cull by filing a suit for partition.

your aunts have equal share in property acquired by your deceased grand father

Hello,

As the property is an ancestral property they are entitled to claim their share.

Hope this helps.

Regards

1) Yes, they all have shares in the ancestral property and the will get equal share along with your father.

Dear Sir,

After the death of your grand father it naturally devolves on the following formula

Section 8 in The Hindu Succession Act, 1956

8. General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—

(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;

(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;

(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and

(d) lastly, if there is no agnate, then upon the cognates of the deceased.

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Hindu Succession Act, 1956

THE SCHEDULE

[Section 8]

HEIRS IN CLASS I AND CLASS II

CLASS I

Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.

CLASS II

I. Father.

II. (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister.

III. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s son, (4) daughter’s daughter’s daughter.

IV. (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter.

V. Father’s father; father’s mother.

VI.. Father’s widow; brother’s widow.

VII. Father’s brother; father’s sister.

VIII. Mother’s father; mother’s mother.

IX. Mother’s brother; mother’s sister.

Explanation : In this Schedule, references to a brother or sister do not include references to a brother or sister by uterine blood.

Section 6(5) in The Hindu Succession Act, 1956

(5) Nothing contained in this section shall apply to a partition, which has been effected before the 20th day of December, 2004. Explanation. —For the purposes of this section “partition” means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court.] Statement of Objects and Reasons [The Hindu Succession (Amendment) Act, 2005] Section 6 of the Act deals with devolution of interest of a male Hindu in coparcenary property and recognises the rule of devolution by survivorship among the members of the coparcenary. The retention of the Mitakshara coparcenary property without including the females in it means that the females cannot inherit in ancestral property as their male counterparts do. The law by excluding the daughter from participating in the coparcenary ownership not only contributes to her discrimination on the ground of gender but also has led to oppression and negation of her fundamental right of equality guaranteed by the Constitution having regard to the need to render social justice to women, the States of Andhra Pradesh, Tamil Nadu, Karnataka and Maharashtra have made necessary changes in the law giving equal right to daughters in Hindu Mitakshara coparcenary property. The Kerala Legislature has enacted the Kerala Joint Hindu Family System (Abolition) Act, 1975. It is proposed to remove the discrimination as contained in section 6 of the Hindu Succession Act, 1956 by giving equal rights to daughters in the Hindu Mitakshara coparcenary property as the sons have. State Amendment Sections 6A to 6C Karnataka: After section 6 the following sections shall be inserted, namely:— "6A. Equal rights to daugher in co-parcenary property.— Notwithstanding anything contained in section 6 of this Act—

(a) in a joint Hindu family governed by Mitakshara law, the daughter of a co-parcener shall by birth become a co-parcener in her own right in the same manner as the son and have the same rights in the co-parcenary property as she would have had if she had been a son inclusive of the right to claim by survivorship and shall be subject to the same liabilities and disabilities in respect thereto as the son;

(b) at a partition in such a joint Hindu family the co-parcenary property shall be so divided as to allot to a daughter the same share as is allotable to a son: Provided that the share which a predeceased son or a predeceased daughter would have got at the partition if he or she had been alive at the time of the partition, shall be allotted to the surviving child of such predeceased son or of such predeceased daughter: Provided further that the share allotable to the predeceased child of a predeceased son or of a predeceased daughter, if such child had been alive at the time of the partition, shall be allotted to the child of such predeceased child of the predeceased son or of such predeceased daughter, as the case may be;

(c) any property to which a female Hindu becomes entitled by virtue of the provisions of clause (a) shall be held by her with the incidents of co-parcenary ownership and shall be regarded, notwithstanding anything contained in this Act or any other law for the time being in force, as property capable of being disposed of by her by will or other testamentary disposition;

(d) nothing in clause (b) shall apply to a daughter married prior to or to a partition which had been effected before the commencement of Hindu Succession (Karnataka Amendment) Act, 1990.

Even before Hindu Succession Amendment act 2005, daughter being class I heir of father, was entitled for share in self acquired property of father, with widow mother and children getting equal shares each.

If it was the self acquired property of your father then she can not make any claim on the same.

Regards

Yes she can make a claim in the property.

Regards

Your aunt have share in property passed by her father to your brother and in case she makes any claims then she could get

The property was an ancestral property and hence your father's sister does have a share in it. A succession certificate from the district court has to be obtained inorder to prove the shareholders in the ancestral property.

Regards

If the properties were on your father's name then as his only legal heir you can transfer the properties to your name which cannot be disputed.

However if the properties were not on his name then you may be entitled to transfer only his share of properties to you, your paternal aunt may be eligible for her share in her father's proeprty, hence you may revert with more details of the property in order to render more proper opinion to your query.

Sir, the properties are acquired by my grand father. Not self acquired by my father. My father does not have any will.

Will my fathers sister claim share now ?? Since my father no more.

If your grandfather's properties were not properly partitioned between your father and his siblings then his siblings will be having rights in their father's properties.

Your father cannot become owner of the entire properties that belonged to your grandfather.

If your paternal aunt did not get her legitimate share out of her father;'s property then she may file a partition suit, hence you may settle the matter amicably with her by giving her the rightful share in the property.