Yes. The grandchildren of Mr Putta would have the equal sharing the property as Chandan and Manjesh, being the legal heirs of Vandhana, after the death of Mr Putta.
They will have to file a suit for partition by metes and bounds and injunction.
Claim of ancestor property
Mr. Putta is a Landlord and has a wife Shanta and 4 children ( 3 Boys ) Chandan, Manjesh, Sharat & (1 Girl) Vandhana, he has Land passed on from his ancestor. Now Mr. Putta died in the year 2018 and his wife (Shanta) also had died before him in the year 2010 These two (Putta & Shantha) had made no property will. Out of 4 Children, Third son( Sharath ) and Daughter ( Vandhana ) also have died. Third Son ( Sharath ) had died before marriage and has no children. Daughter( Vandhana ) had marriage with ( Mr.Lakshmipathi ) in the year 1986 and had given birth to 4 children (3 Girls (Divya, Vidya & Sandya) & 1 Boy (Kiran)) and she (Vandhana)passed away in the year 1996. After her death, Mr. Lakshmipathi (Husband of Vandhana) got married for the second time and has no kids with the second wife. After death of Mr. Putta in the year 2018, his two sons (Chandan & Manjesh) have converted ancestor property in to their name as joint owners without approval of grandchildren of Mr. Putta, where all the grandchildren are majors. Can Grandchildren of Mr. Putta (i.e Children of Mr. Lakshmipathi & Vandhana (First Wife of Lakshmipathi & Daughter of Landlord Putta)) can claim their maternal ancestor property or property of Landlord Mr. Putta?
Asked 5 years ago in Property Law
Religion: Hindu
19 Answers
Yes. File a suit for partition
Grand children can file suit for partition for division of property by metes and bounds
2) claim their one mother one third share in property
3) seek injunction restraining sale of property by uncles
Yes the grand children has right over the share of their mother and they can file a suit claiming partition and share of said property.
Dear Sir,
Yes, the grand children of Mr.Putta can claim their father share and mother share.
After the death of your father it naturally devolves on the following formula
Section 8 in The Hindu Succession Act, 1956
- 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 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
- Father. (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) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter.
- 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.
- 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.
1. Ancestral property is defined differently as per law. An ancestral property is defined as a property title of which has flown for four generations i.e. from great grandparents to great grandchildren without being interrupted by and deed of conveyance/will or court order..
2. The instant propertyb is not an ancestral property.
3. The grand children or Mr. Putta can legally claim their share of the property of Mr. Putta, since deceased.
4. They shall have to file a partition suit against Chandan & Mahesh claiminmg their share of the property.
The class 1 heir for maternal property will be mothers relatives and not husband relatives. If there are no mothers side relatives then it will devolve around the husband side relatives
Dear client
Yes they can claim thier right over that property as and when they want and can challenge the ownership of the both the sons of mr. Putta over the property as it was done without the consent of other legal heirs. That is grandchildren of mr. Putta.
1. Putta died in the year 2018
2. on his death, the amended section 6 of Hindu Succession Act, 1956 will apply
3. the amended section 6 became applicable from september 2005
4. as per the amended 6, even daughters are considered as coparcenors of HUF or ancestral property
5. but in this case Vandana [daughter of Putta] died in the year 1996 ie prior to the amendment to Hindu Succession Act
6. as she was not living on september 2005 when the Hindu succession act was amended to include even the daughters as coparcenors, she does not become a coparcenor and consequently her children also do not become coparcenors and thus they cannot claim in maternal ancestral property
7. Had Vandana been alive on september 2005 and had died thereafter, then she would have become a coparcenor and her children would also become coparcenors in the ancestral property
8. it seems the surviving two sons are the only living coparcenors and their children [sons and daughters] will also be coparcenors in the ancestral property
9.i do not see thus any illegality on the part of the two sons Chandan and Manjesh
10. in above response i have assumed that the HUF was governed by the Mitakshara school of Hindu law
Hi,
The sons or daughters of Vandhana can't claim the property of Mr Putta.
Thanks for all your answers and guidelines. I have a doubt, since Vandhana(Daughter of Mr. Putta) died in the year 1996, before the Hindu succession act was amended on Sept 2005 ( to include even the daughters as coparcenors ), can her children claim the ancestor property of their great grand father ( I.e father of Mr.Putta ), which was later transferred to Mr.Putta after the death of Great Grand Father.
Asked 5 years ago
Mr Putta died in 2018 .
It is not ancestral property as far as he was concerned . He inherited it from his father
on his demise children of pure deceased daughter would inherit their mother share in property
No
For the children of Vandana to claim in ancestral property, Vandhana was required to become a coparcenor. Since she did not, her children cannot claim
Yes children can claim
See the nature of property has to be seen if the property is ancestral, hindu undivided then they cannot claim otherwise they have right over the property if partitioned and/or was of self acquired nature then they will have right.
Daughters cannot inherit ancestral property if father died before 2005. But in your case father died in 2018.vandhana children's can claim share in said property.
1. Since the title of the property has already been interrupted by Chandan & Manjesh, it no longer stayed as ancestral property.
2. Amendment of Succession Act in the year 2005 does not affect right of daughters on their paternal or maternal properties.
The property that was transferred to Putta from his father or grandfather is no more an ancestral property after coming into the hands of Putta.
It becomes his own and absolute property.
Upon his intestate death it will devolve equally on his own class I legal heirs.
Out of that his wife died, one son died without marriage, hence the remaining three children i.e., his two sons and the legal heirs of his deceased daughter are the legal heirs to inherit the properties left behind by Putta.
The properties shall be divided into three parts, and one such part shall be allotted to the legal heirs of the deceased daughter Vandhana consisting her husband and he own children.
Therefore Lakshmipathi and his four children can stake a claim for one third property as a right and can even file a partition suit if the other shareholders refuse to allocate the same.
The property can be considered as ancestral property only when it remains undivided and passes on to the three generations without any partition or any family arrangement.
Putta has been allotted his share in the property through his father's share hence the property lost its ancestral character, therefore the amended law in the year 2005 may not be applicable to this situation.
Vandhana's legal heirs are claiming her share of property which she is entitled as a daughter of Putta as the Hindu succession act of 1956 by which sons and daughters are equally entitled to a share out of their father's property.
Children of Vandhana would not have any share as she died before the amendment of Hindu succession act in the year 2005.