Mam your Aunt's and uncle's that is brother and sister of father along with grand mother shall equal share in the property further you along with your sister and mother shall have equal share in your father's share.
Hi All My grandfather passed in 2001 and my father passed in 2002 we are two daughters for my father . My grandfather have 3 daughters married and 2 sons . We have a land and house in my grandfather name. My aunties are claiming for equal share in land and home . Please advise if they are eligible for that claim . Your reply will help us a lot thanks Thank you
Mam your Aunt's and uncle's that is brother and sister of father along with grand mother shall equal share in the property further you along with your sister and mother shall have equal share in your father's share.
On grand father demise your father had one fifth share in property
2) your 3 aunts have equal one fifth share in his self acquired property
3) I presume your grand mother per deceased your grand father
your aunts cannot claim as your grandfather passed away in 2001
i assume that it is an ancestral property
Hi all yes the was in my grandfather's father name and later that got to my grandfather name . Yes it's an ancestral property
As far as your grand father was concerned it was not ancestral property
Propert inheritd by grand father on his father demise is not ancestral property
your aunts would have equal share in property
Of course they are eligible. What makes you think they are not? Go through the Hindu succession act (amended)
The Court held that the daughters were entitled to the benefit of 2005 amendment as well, and on that basis also they were entitled to shares. It was settled in Prakash v. Phulavati (2016) 2 SCC 36 rights under the amendment area available to daughters living on the date of amendment, irrespective of when they were born. In the instant case, the bench comprising Justice A.K Sikri and Justice Ashok Bhushan explained it further, and stated that the amendment declared that a daughter ‘shall by birth’ became coparcener in her own right in the same manner as son. Hence, the daughter will get coparcenary right by virtue of the amendment, ‘since birth’.
It was observed as follows :-
Section 6, as amended, stipulates that on and from the commencement of the amended Act, 2005, the daughter of a coparcener shall by birth become a coparcener in her own right in the same manner as the son. It is apparent that the status conferred upon sons under the old section and the old Hindu Law was to treat them as coparceners since birth. The amended provision now statutorily recognizes the rights of coparceners of daughters as well since birth. The section uses the words in the same manner as the son. It should therefore be apparent that both the sons and the daughters of a coparcener have been conferred the right of becoming coparceners by birth. It is the very factum of birth in a coparcenary that creates the coparcenary, therefore the sons and daughters of a coparcener become coparceners by virtue of birth. Devolution of coparcenary property is the later stage of and a consequence of death of a coparcener. The first stage of a coparcenary is obviously its creation as explained above, and as is well recognized.
Regards
your father sister's cannot claim her shares in father's property. Because as per the landmark Judgement of the Supreme Court, if a person dies on or after 2005, then only her daughter can claim her shares in the property.
But you grand father has expired in 2002, so even she files case, she will not succeed in her case..
1. Assuming that your Grandfather and Father have died intestate ( without executing a WILL), then your 3 aunties, your uncle and your father are entitled to equal share, i.e., each person is entitled to 1/5th share in the property.
2. Since it is the ancestral property, in case of deceased beneficiary, his share will be further subdivided into his children equally, but limited to the individual share of the deceased.
3. Taking your narration as authentic, your aunties are entitled to equal share in the property in question.
Dear Sir
ancestral property means it must come 4 generations without disturbance. your lawyer must take legal points on maintainability and take the matter to HC thus aunties must be frustrated
See even if it was grandfather father and grandfather recieved after partition then in that case it is not ancestral property it would be inherited property. As there right is already created on death of grand father.
Hi
1) Initially daughter's who were married were not entitled to claim any share of property that were ancestral in nature. However this position was modified by Hindu Succession Act (Karnataka Amendment Act ) 1990 and subsequently by Hindu Succession (Amendment Act) 2005.
2) Supreme Court in Prakash Vs Phulavati in the year 2016 came up with a judgment which stated that Daughter acquire the rights in co-parcenory property by birth and held that living Daughters are entitled to equal shares as sons in the property standing in the name of Grand Father provided the property has not been partitioned between your grand father's father and your grand father.
3) However since you say that the property was initially in grand father's father name and subsequently in your grand father's name, it appears that a partition has taken place between your grand father and his siblings . It might also be possible that oral partition might have taken place between your grand father and his siblings which can be ascertained from the way the property records are mutated in revenue records.
4) Please check the revenue records to find out how the property was mutated in your grand father's name in government records and based on the mutation of property in government records, you can prove that the partition had indeed happened and thereby defeat the claim of your aunt's.
Hope this information is useful.
Your aunties being legal heirs and successors in interest to succeed their father's intestate properties at par with their male counterparts, they have full rights to claim their legitimate and equal share out of their deceased father's property.
When the property was transferred to your grandfather's name, the ancestral nature of property extinguished.
Therefore it is not an ancestral property.
1. The property is not ancestral by any stretch of the imagination as it was originally acquired by your great grandfather. The properties of your grandfather, if he died intestate, have devolved on his children equally. The share of daughters is at par with that of sons in the self acquired and separate property of their father who died without making a bequest. So the share of your aunts is indeed equal to that of your deceased father.
2. The share of your deceased father has devolved further on his widow and all children equally.
3. You or other legal heirs of your father are free to file a suit for partition to cull out your share in the property. Also seek injunction to restrain the other heirs of your grandfather from creating third party rights in the property during the pendency of the suit.
hello
in ancestral property, the sons and daughters have a share and the grandsons also have a share. your aunt(fathers sister) have a valid claim to the suit property.
regards
1. IF property of Grand Father was "self-acquired" and IF Grand-Father and Father did not execute any WILL, THEN all the residual Legal Heirs of the Grand Father, are entitled to EQUAL proportions of the Grand-Father's property.
2. For a property to be classified as "ancestral property", it has to be dated back to atleast four generations.
Keep Smiling .... Hemant Agarwal