• Can son and daughter of niece demand ancestral property

My grand father had a elder brother who died ( in 1938 ) and left his only legal hire who was his wife because they didn't have any children. My grand father had two children one is my father and other one was my aunt.

My aunt ( father's sister)who died on 11/01/1993 .

My elder Grand mother( wife of elder Grand Father) who died on 06/03/1995. 

Now the question is , " Can my aunt's son or daughter demand the share of my elder grand mother's property?"
Asked 5 years ago in Property Law
Religion: Hindu

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25 Answers

Yes they have half share in grand mother`s property.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

The property involved here is ancestral in nature. 

The daughters have been given equal share in their ancestral property only after 2005.

Since in this case when the aunt died in 1993 she didn't have any share in the property of her forefathers, her children can not claim any share therein anymore. 

Devajyoti Barman
Advocate, Kolkata
23656 Answers
537 Consultations

Yes, the can demand their mother's share in the Ancestral property. As per the Indian Succession Act, Class II heirs list.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

If you have completed 30 years of service than the appointing authority in the public interest can retire the employee.

Whats is your case detail?

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Yes your aunt`s son or daughter can demand the share

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

The property now left behind by your deceased elder grandmother shall devolve on her husband's father's legal heirs including the legal heirs of the deceased legal heirs. 

Therefore your paternal aunt's children shall be eligible for a legitimate share in that property as a right. 

 

T Kalaiselvan
Advocate, Vellore
90079 Answers
2501 Consultations

You can find able and experienced advocates from this forum also who hail from Kolkata. 

If you are satisfied with their credentials,  you may approach them for their services. 

 

T Kalaiselvan
Advocate, Vellore
90079 Answers
2501 Consultations

Why don't you run your case self as there is option in court proceeding i.e. called PIP (Party in Person). I can provide you full support in this regards. If you tell your case details and I will suggest you accordingly with to proceed or not.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

The property was your grandfather's and hence his wife and 2 children ie son and daughter or your aunt have a share.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You may find an advocate in kolkata through this website.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes, the son and the daughter is eligible to gey the share of the property.

If you have any other queries don't hesitate to get in touch with me via kaanoon.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

They can demand share in elder grand mother property 

Ajay Sethi
Advocate, Mumbai
99877 Answers
8150 Consultations

Contact Mr Ganguly or Mr Barman from this website 

Ajay Sethi
Advocate, Mumbai
99877 Answers
8150 Consultations

Yes,Definitely both of them has right in the share of Ancestral property. 

For your grievances against injustice being caused to you by your department and pending matter before CAT ,Please give more details about your service records and prayers in OA filed by you befor CAT  Kolkata Branch.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

I would definitely recommend solution and advice you for solution before CAT Kolkata. 

If possible hearing via Video Conferencing will be considered for your grievances against injustice being caused to you by your department on forced retirement in 2008.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

We handle service matters in Kolkata with considerable success rate.You may feel free to contact. 

Devajyoti Barman
Advocate, Kolkata
23656 Answers
537 Consultations

1. The general rule of succession in case of female Hindu as per Section 15 (d) of The Hindu Succession act, 1956 states that the said property will devolve (fourthly) upon the heirs of the father.

 

2. In the instant case the property of your elder Grandmother who died intestate will be devolved upon the legal heirs of  her father and from her father the property will be devolved upon your grandfather and finally upon his legal heirs which also include your aunt's children.

Krishna Kishore Ganguly
Advocate, Kolkata
27723 Answers
726 Consultations

1. This is separate query and not a follow up of your first query.

 

2. You have already filed the case before the CAT.

 

3. You shall have to engage an appropriate Advocate to appaer for you and take your matter to the logical end.

Krishna Kishore Ganguly
Advocate, Kolkata
27723 Answers
726 Consultations

- As per law, after the death of the elder brother of your grandfather , his property would be devolved upon his wife. 

- Further , if a Hindu Female passes away then , property shall be divided amongst

  1. First her children and husband

  2. Then among her husband’s heirs

  3. Then among her father and mother

  4. Then among her father’s heirs

  5. Then among her mother’s heirs

- Hence, your father is having right in the property left by her, and the sister of your father cannot claim any right over the same. 

Mohammed Shahzad
Advocate, Delhi
15830 Answers
242 Consultations

- Yes , there are certain lawyers from West Bengal in this website 

Mohammed Shahzad
Advocate, Delhi
15830 Answers
242 Consultations

If the said property nis ancestral in the hands of their parents then they can. If the same is self acquired in their hands then they can't 

Prashant Nayak
Advocate, Mumbai
34590 Answers
249 Consultations

Dear Sir, 

You present query contains 02 questions one is related to demand of share in ancestral property by the son and daughter of Aunt. In this regard, it is suggested that they may ask the share but there are conflicting issues in this subject because the aunt had died in the year 1993 and the amendment of 2005 in the relevant law grants the rights to daughters as par with the sons. 

You next question is related to your case in CAT at Kolkata and hiring of an advocate. In this regard, it is suggested that this is not the right forum for the engaging or talking to an advocate directly. For this work, you may go to  "Talk to a  Lawyer" or "Hire a lawyer" of Kanoon.com. It is intimated that it is not the solicitation of any kind, rather the information regarding the process.  

 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

yes, they can demand share. 

Mohammed Mujeeb
Advocate, Hyderabad
19344 Answers
32 Consultations

there are number of lawyers in this website from kolkata having good ratings . you can check their profile on the website. 

Mohammed Mujeeb
Advocate, Hyderabad
19344 Answers
32 Consultations

1. Yes they can demand share from property of your elder grand mother as legal heirs of their mother. 

2. You can search for a good advocate from Kolkata from lawyers section of this site.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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