Yes they have half share in grand mother`s 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?"
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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.
Yes, the can demand their mother's share in the Ancestral property. As per the Indian Succession Act, Class II heirs list.
i was a government employee. i had been working under cabinet secretariat New Delhi from 1991, department rewarded me force retirement on February 2008. so i file a case against this but the case is still pending in CAT kolkata. Nobody is willing to take the case and proceed it properly. I visited many advocate regarding this case and they showed interest on it and promised me to proceed further but after few days they withdraw their willingness due to some unknown reasons. I don't know where are you from. Can you please suggest me someone who is from kolkata or near kolkata so , I can discuss my case thoroughly.
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?
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.
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.
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.
The property was your grandfather's and hence his wife and 2 children ie son and daughter or your aunt have a share.
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
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.
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.
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.
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.
- 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
First her children and husband
Then among her husband’s heirs
Then among her father and mother
Then among her father’s heirs
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.
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
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.
there are number of lawyers in this website from kolkata having good ratings . you can check their profile on the website.