• Right of granddaughters in grandfather's property before 2005

My grand father left a dwelling house and expired in 1963 leaving behind four sons and two daughters.  My father expired in 1980 leaving behind two sons and two daughters and my one uncle expired in 1990 leaving behind two sons and three daughters.  Whether grand daughters have any right in the property left by my grand father.
Asked 1 year ago in Property Law from Delhi, Delhi
Religion: Hindu
A. Yes, All (children of grandfather) are entitled to claim equal right over the property.

B. As per the new amendment 2005, daughters also can claim an equal share as coparceners over the property.

C. Once the property share distributed among the all children, all respected issues(children) of deceased father can claim partition over the property.
B.T. Ravi
Advocate, Bangalore
733 Answers
29 Consultations
5.0 on 5.0
On the demise of your grandfather, all the sons were having an equal share in the property. After the amendment was brought in 2005, all the daughters have equal share in the property of their father. In your case, all the grand daughters would have a right in the property left by the grandfather upon the death of their father who is a coparcener.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
1)  on your grand father demise each legal heir had 1/ 6 th share in property 

2) on your father demise your father 1/ 6th share would devolve on 4 children equally 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
1. In whose name is the property in the municipal records at present.
2. Was it a joint family property or it had been partitioned between your father's siblings and if partition has taken place, whether the deed of partition is existing.
3. Whether your grand father had executed a WILL?.
4. Did your grand father died intestate(without writing a WILL).
5. Assuming that your grand father died intestate in 1963, then the property would devolve equally between your grand mother, 4 sons and 2 daughters, i.e., 1/7th share in the property, if the property had not been partitioned till 2005.
6. Your grand father had 6 children and upon his death without writing a WILL, the property would be divided into 7 shares(including grand mother's share)-if grand mother is dead, then the property would be divided equally between your grand parents children.  If any of the child/children are dead, then the property would devolve to his wife & children in that 1 share, subject to grand father's property has not been parititioned earlier to the year 2005 and was intact. In that case the grand daughters will have the right in their father's share of the property.
Shashidhar S. Sastry
Advocate, Bangalore
1231 Answers
59 Consultations
5.0 on 5.0
property devolved in 1980 to the legal heirs, at that time daughters had no right in ancestral property. so you can't claim in the property because it is legally vested in all the male heirs of your father.
Shivendra Pratap Singh
Advocate, Lucknow
2693 Answers
41 Consultations
4.9 on 5.0
1. On the demise of your grandfather his children, in the absence of a will written by your grandfather. succeeded to his property equally.

2. On the demise of your father and uncle their respective shares in the property vested in their children.

3. So the two daughters of your father and three daughters of your uncle have a share equal to the share of their brothers and which they may cull out by filing for partition.
Ashish Davessar
Advocate, Jaipur
18049 Answers
444 Consultations
5.0 on 5.0
1. After the demise of your grandfather,intestate, his property will be devolved upon all his legal heirs including your fathr and uncles,

2. The gransdaughters will have qual share on the share of  their respecive father's.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
Hi, is there any partition after your grand father expire, suppose if there is no partition between your father and his brother then all the grand daughters and grand sons have equal right over the property. 
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
13883 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18049 Answers
444 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5131 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
423 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2693 Answers
41 Consultations
4.9 on 5.0
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0