• Our father daughter sends us a notice

Hai sir first thing our grand father buy a land in 1950 and he was died in 1967 he have 4 sons and 2 daughters 1 son does not married in the 2 daughters 1 daughter was died in 2002 and another daughter was alive now they send a notices to us elader daughter sun and another daughter first daughter was married in 1965 and another daughter was married in 1982 will u tell me they have a legal right
Asked 7 years ago in Property Law
Religion: Hindu

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13 Answers

See since the land was purchased by grand father it is ancestral property and there is no will in same.so they can ask for there share in the property as it was intestate succession. So all children of grandfather (or children of predeceased son or daughter) shall have share in the property.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

On demise of grand father grandmother ,4 sons , 2 daughters have equal share in property 

 

2) on demise of daughter her share would devolve on her husband and children 

Ajay Sethi
Advocate, Mumbai
99846 Answers
8148 Consultations

Hi 

Given that your grand father died in the year 1967 and that the two daughters were married prior to 1982 and also that the (daughters) did not challenge the same  even after completion of 12 years from the date they got married, their children (i.e 1st daughter's son and 2nd daughter's daughter) cannot claim any rights whatsover.

Please note that the right of grand children in their grand father's property has been extinguished long back in the year 1956 subsequent to passage of hindu succession act

Also even Hindu succession Amendment act 1986 (introduced by NTR) and Hindu succession act 2005 will not be applicable in present case.

Also law of limitation will be applicable as partition had opened in the year 1967 and then subsequently in the year 2002(when 1 daughter died))

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

The land must have been divided among the sons after the death of the grandfather. If it has been divided then the daughters have no right as of now as thy he daughters were given a right in the property after 2005. However if the property has not been divided yet then the daughters have a share.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Since the property owned by your grand father was hos self acquired property the same is liable to be inherited by his sons and daughters in equal shares.

So your aunts have whether married or not have equal rights with their brothers and to claim their undivided 1/6th share therein provided their mother is no more, they can file a suit for partition.

So to avpid wastage of time and money make an amicable settlement and execute a mutual deed of partition.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Eventually all the legal Heirs of your grandfather will have the share in the property if they are claiming they can go to the quote for partition suit to get their share of property

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

The Hindu Succession (Amendment) Act, 2005, amended Section 4, Section 6, Section 23, Section 24 and Section 30 of the Hindu Succession Act, 1956. It revised rules on coparcenary property, giving daughters of the deceased equal rights with sons, and subjecting them to the same liabilities and disabilities. The amendment essentially furthers equal rights between males and females in the legal system.A daughter can claim her share in father's property after he dies intestate. But she can't claim it against the will of her father.

Mohammed Mujeeb
Advocate, Hyderabad
19335 Answers
32 Consultations

Irrespective of the date of marriage the share of daughters is at par with that of son in the self acquired property of their father, which they can cull out through a suit for partition in the civil court.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Sir,

 

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

 

Section 8 in The Hindu Succession Act, 1956

  1. 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.

 

Hindu Succession Act, 1956 [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

  1. Father.
  2. (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.

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

  1. 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

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

If property partitioned before 2005 than no claim.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

The daughters are entitled to their legitimate share out of their deceased father's property if he is reported to have died intestate in the capacity of his legal heir/successor in interest.

Their share in the property shall be equal to that of their brothers.

Better try for an amicable partition and settlement instead of stretching the issue into a very long drawn legal battle.

 

T Kalaiselvan
Advocate, Vellore
90048 Answers
2498 Consultations

If she is legal heir of the said property and the property is not legally partitioned before the 2005 amendment of Hindu succession Act then she may be entitled. There are 2 versions to it and both are contradictory. One is the applicability of 2005 amendment of HSA by birth you a woman and other on the date of amendment. The supreme court is still to decide the same vide it's higher bench. So her right may be or may not be established in your case depending upon the verdict of Supreme court.

Prashant Nayak
Advocate, Mumbai
34564 Answers
249 Consultations

If it was a self acquired property then the daughter can claim the stake. 

If they file a case then you may take the defense of delay i.e., the case has been file with much delay. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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