If she is a legal heir of her mother alone then she has right to claim the property
Agriculture Land Division
Dear Sir/Madam, My Father & Father's brother both are living in one family from past 50 years and till date same is continuing and my Father's brother don't have any children's and he died 12 years back and now his wife staying with us. My father & his brother purchased some agriculture land in both the names in Joint Patta and also We have some My Grandfather's lands .(Properties available in Hosur, Tamil Nadu) My father having two wives and 1 st wife died before 40 to 45 years back after he got married my mother. 1) 1st wife having 3 childrens (1 Son & 2 Daughters) ( A , B & C) 2) 2nd wife having 4 childrens (3 Sons & 1 Daughter ( D , E, F & G) And 1st wife Second daughter(C) also died around 5 to 10 years back . We have divided our property in the year 2008 with mutual agreement of all family members Except - B ( 1st wife 2 daughter) Now the issue is - B 's (1st wife 2 daughter's) 'Daughter asking for his mother portion in property and sent a legal notices to us last week but his mother already died before 5-10 years back. pls suggest she have any right to claim his mother portion and what we have to do now. Pls help. Regards Venkatesulu
Asked 4 years ago in Property Law
Religion: Hindu
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15 Answers
1. Since you have conducted Partition proceedings, "B" is entitled to her share ratio that would go to her mother. This means that 1st wife's share shall be equally divided between her children or their legal heirs.
She is entitled to her father's and ancestral property. How your father's share devolved on you and others?
Regards
G.Rajaganapathy
Biological mother had died 45 years back
division of property was done after her demise
3) children of first wife , second wife their children have equal share in property
4) daughter would not have any further share in property
5) engage a lawyer and reply to legal notice
Dear Client,
If there is no will of the mother of them, them may claim her share.
Here you have not mentioned your mother's death date only partition date is mentioned. There share will be limited if you divide property as per the Indian Succession Act.
See since property is in name of father and uncle so in case of father he is sole owner and for second brother wife is legal owner so in case they have settled property as per there wish then daughters cannot challange same.
if property is self acquired by your father and he settled as per his wish then daughter would not have any share in property.
Yes she have legal right to claim the share of her mother from property of your father and grandfather.
But her mother had no share in the property if your father is still alive and in life time of father, settlement has been done.
Sir, Now my father's grand daughter is claiming the share on behalf of her mother (Schedule (B) ) - B died before 5 years back. Actually First she got married with my relative in presence of my family and after 3 years she left home and married with inter caste person and she not came to my home. My father first wife died above 50 years back and she ( B) got married 35-40 year back itself. I have some doubts. 75% of Properties purchased by My Father & his brother with Joint patta. My father is still alive, if he gave any declaration , how it will be helpful to us and We are now joint family and properties are available in My father & his brother(he don’t have children's) both names Joint and some of the properties separate,. Now daughter & Son's can claim joint property share or only my father share. Pls suggest. Regards Venkat
Asked 4 years ago
Grand daughter has no claim in self acquired property. Inter caste marriage dose not effect inheritance right. Father can execute WILL duly attested, declaration has no value.
On B death her share would devolve onher husband , daughter and her siblings
father can bequeath his share in property by will to whom soever he pleases
The property which is self acquired by your father by his own money then he can distribute the property as per his wishes. And he don't need consent of any children for that.
See they cannot claim property from your father's share or that are solely in name of the father. Further in case she is legal heir and she is entitled of the property after demise of her mother.
If the same is self acquired property of father and he refuses to give her in will them she can't claim her later