• Right of grand daughter on her grand father & grand mother property

My grand father has properties purchased by him and also from his father and also purchased some lands on my grand mother's name. My father was the only son for them. My father got married and the first wife was died in the year 1977 leaving one male child leaving behind. My father got married my mother in the year 1978. we are two one brother and me. My grand father was died in the year 1983. Since then all the properties were with my father and my grand mother & my elder brother(first wife's son) were with us. My father died in the year 2001. My grand mother died in the year 2013. I got married in the year 1996 (when i was a minor). My both bothers were enjoying the properties till date. My mother is with my younger brother. My brothers divided the properties and obtained the pattadar pass books on their names. They have not given me any share. There is no will either my grand father or by grand mother or my father.
My question is can i get the share in the properties.
Asked 4 years ago in Property Law
Religion: Hindu

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20 Answers

Yes you will have equal share as after the death of grand father properties were trmasferred to father and grandmother and on there death all the left legal heirs that is you and your siblings shall have equal share.

File a partition suit for the share and along with an interim application so that property is not sold by them

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Sir,

You make use of following settled law of the land as pronounced by Hon’ble Supreme Court of India, various High Courts and circulars of the State govt

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.

Settling the law in the wake of a clutch of appeals arising out of high court judgments, a bench of Justices Anil R Dave and Adarsh K Goel recently held that the date of a daughter becoming coparcener (having equal right in an ancestral property) is “on and from the commencement of the Act”.

The bench overruled the view taken by some high courts that the amendment being a gender legislation that aimed at according equal rights to the daughter in ancestral property by removing discrimination, should be applied retrospectively.

Interpreting statutory provisions, the top court shot down the argument that a daughter acquires right by birth, and even if her father had died prior to the amendment, the shares of the parties were required to be redefined.

“The text of the amendment itself clearly provides that the right conferred on a ‘daughter of a coparcener’ is ‘on and from the commencement’ of the amendment Act. In view of plain language of the statute, there is no scope for a different interpretation than the one suggested by the text,” it said.

Further, there is neither any express provision for giving retrospective effect to the amended provision nor necessary intent, noted the court, adding “even a social legislation cannot be given retrospective effect unless so provided for or so intended by the legislature”.

About applicability of the amendment to the daughters born before it was brought, the bench held that the new law would apply irrespective of the date of birth.

“All that is required is that the daughter should be alive and her father should also be alive on the date of the amendment,” it said.

The court also held that alienation of ancestral property, including its partition, which may have taken place before December 20, 2004, in accordance with the law applicable at that time, would remain unaffected by the 2005 amendment, and those partitions can no longer be reopened by daughters.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

This is the law of the land as pronounced by Hon’ble Supreme Court of India, various High Courts and circulars of the State govt the Hon'ble Supreme Court sets 2005 cut-off on women right to ancestral property:

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.

“The text of the amendment itself clearly provides that the right conferred on a ‘daughter of a coparcener’ is ‘on and from the commencement’ of the amendment Act. In view of plain language of the statute, there is no scope for a different interpretation than the one suggested by the text,” it said.

Further, there is neither any express provision for giving retrospective effect to the amended provision nor necessary intent, noted the court, adding “even a social legislation cannot be given retrospective effect unless so provided for or so intended by the legislature”.

About applicability of the amendment to the daughters born before it was brought, the bench held that the new law would apply irrespective of the date of birth.

The court also held that alienation of ancestral property, including its partition, which may have taken place before December 20, 2004, in accordance with the law applicable at that time, would remain unaffected by the 2005 amendment.

Koushalya Pattan
Advocate, Bangalore
174 Answers

Not rated

Yes you have right in the property and you can claim it through the court of the jurisdiction.

Try mediation of relatives to help you get your share without any legal battles. If this does not work, then file a suit for partition to get your share seperated.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1) you have equal share in self acquired properties and inherited properties of your father

2) file suit for partition for division of proeprties by metes and bounds

3) seek injunction restraining sale of properties by your brothers

Ajay Sethi
Advocate, Mumbai
87975 Answers
6207 Consultations

5.0 on 5.0

You have all the rights to file a petition for the partition of the property as this is ancestral property and you can ask your share in the property it is a material with you have been married without attending the age of marriage in 1996.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hi

1) It appears that your grand father had both self acquired properties and ancestral properties which were inherited by your father and grand mother in the year 1983.

2) It also appears that your grand mother also had properties in her name and that she died in the year 2013.

3) Now, the legal position is that , you have the right to claim such of those properties that

a) Were in the name of the grand mother (by virtue of Section 15 of Hindu succession act) and

b) Such of the share of properties that your grand mother got by virtue of she being a legal heir to her husband (i.e your grand father) and

c) Such of those properties that your father got as his share from his father (in his capacity as legal heir under class I of Hindu succession act. Please note that the properties obtained by your father from his father do not come under the ambit of Ancestral property definition and hence these are NOT ancestral properties.

4) Under hindu succession act, any property in the name or possession of a woman is her absolute property and as such your father and after life time of your father, you, your mother and your brothers( first wife son and your brother) are entitled to equal share . So technically you are entitled to claim 25% share in all of the properties of your grand mother.

5) You are also entitled to claim 25% share in the properties that have come in to your father's ownership as the properties that have come in to the hands of your father by application of Section 8 of Hindu succession act and NOT by section 6 of Hindu succession act.

6) The act of your brothers dividing the properties amongst themselves is against law.

7) You are entitled to claim 25% share of all of properties (both grand mother and your father) as Section 8 , Section 15 of Hindu succession act 1956 will squarely apply to your case. Hindu succession Amendment act 2005 will not be applicable as in andhra pradesh, Hindu succession act was amended in the year 1986 by shri. N.T.Rama Rao granting equal powers to a girl child in ancestral property also.

8) You should file a suit for partition and claim your share.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

Dear Client,

In all properties of your father , you have 1/5th share.First son will get 1/5th + 1/5th.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1) Yes, 100% you're eligible for equal share holder in the property of 1/3rd share.

For further details you can contact me.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

You have equal right in self acquired properties and inherited properties of your father and you claim it through the court

File a partition suit for the share and along with an interim application so that property is not sold by them

Dimple Jain
Advocate, Jodhpur
222 Answers

Not rated

You are entitled to a legitimate share in all the properties that have devolved upon your father which he inherited from his parents;

You are one of the legal heirs of your father, hence you are entitled to an equal share in the properties at par with your siblings.

If they deny giving any share to you, then you may file a partition suit and for separate possession of your share in the properties left behind by your father upon his intestate death.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

Hello,

Yes you can file a suit of partition and claim your share in the property.

Get in touch with a local lawyer..

If there was no will then you have right on the property.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Hello,

You may challenge the sale proceed and file a partition suit to claim your share i n the property.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

seek orders to set aside sale of property

2) in alternative share in sale proceeds of the property

Ajay Sethi
Advocate, Mumbai
87975 Answers
6207 Consultations

5.0 on 5.0

In that case cancellation of such sale has to be filed before civil court, for your share the deed need to be cancelled.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

you need to file a partition suit in the court for the same.Being the legal heir you have all the rights to the property as much as your brother. A partition suit is a civil suit and you need to send a legal notice before that .

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Your brother can't sale your share or part of property without your consent , he can sale only his share

(Previously suggested that file partition suit once partition done everyone get his/her share )

Dimple Jain
Advocate, Jodhpur
222 Answers

Not rated

partition suit.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If my brother sold any of the property. How can i get my share in that property?

You can file a partition suit and seek your share in the proeprty with separate possession, the court will pass orders even if your brother sold your share of property.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

Dear Madam

You will get your share

You have to seek cancellation or not binding relief in respect of sold property. 100% guarantee.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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