• Grand daughter's legal right on maternal grand parents property

Hi, we have self acquired ancestral property that is still in the name of grandmother who passed away in 2005. We now plan to sell it, I represent my father who also passed away in 2018. Some of the legal heirs are having friction on the property settlement with my cousin sister (Bua's daughter) that she doesn't have any right to claim this property. My bua (father's sister) passed away in 2011 and my cousin got married much before that. 
My ques is, can my cousin claim her right on her mother's parental property?
Asked 5 years ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

18 Answers

The first share in mothers parental property will be of her fathers side legal heirs I. E class 1 heirs. Later her husband side will have share I'm the same. 

Prashant Nayak
Advocate, Mumbai
34690 Answers
249 Consultations

Your father and his siblings are the legal heirs of the deceased grandmother. 

Upon intestate death of your father and your father's sister their respective share out of their deceased mother's property shall devolve equally on their own legal heirs. 

Thus similar to your position,  your cousin is also entitled to her legitimate share out of her deceased mother's share in the property as a right. 

You have no rights to refuse your cousin's rights in the property. 

 

T Kalaiselvan
Advocate, Vellore
90215 Answers
2507 Consultations

1. As per section 15 of the Hindu Succession Act the property of a female Hindu is liable for equal division among her sons, daughters, husband and children of her predeceased sons and daughters. 

2. Therefore even if your Bua has died before the right of her children doesn't get extinguished. 

3. In such circumstances your cousin still has share in the property and her claim for share in the property cannot be disregarded. 

Devajyoti Barman
Advocate, Kolkata
23662 Answers
538 Consultations

1. See the daughter of your father's sister in absence of will in this case has right over the share of her mother along with other legal heirs of her mother.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Your cousin sister ie your bua's daughter has a share in the ancestral property as per the Hindu succession act.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes,Definitely. Your cousin can claim her right out of the right of share of your bua as per Hindu Succession Act 1956 and recent ruling of Supreme Court of India on 11th August,2020.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Your cousin has equal share in property on her mother demise 

 

2) your aunt share would be inherited by her and her siblings 

Ajay Sethi
Advocate, Mumbai
100013 Answers
8164 Consultations

1. Since property described is ancestral property, Cousin Sister is entitled to claim the share of property that was claimable by her mother (Bau) under the Hindu Succession Act, PROVIDED there is no WILL prepared for the property. There is no exception to this.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. If the property is self acquired it cannot be ancestral at the same time.

2. The property owned by your grandmother has devolved through intestate succession on all her children equally.

3. On the demise of your bua her share in the property of your grandmother has further devolved on her husband and all children including her daughter equally. The share of daughters is at par with sons in the self acquired/separate property of parents.

4. Your cousin has an indefeasible share in the property.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

As you have already mentioned that the property is self acquired property by your grandfather so eventually all the children have undivided share in the property irrespective of their death their legal heirs will have to undivided share in the property show so sister of your father as well and her legal hair in case it is a possible to get relinquishment deed signed by you sister in this regard to sell the property otherwise any sale in this regard will be liable to be challenged their rights in the property cannot be ignored and it will be established in the court

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Yes your cousin can claim the property 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

- After the death of your grandmother , the self acquired property would be devolved upon her legal heirs. i.e.your grandfather if alive , and children i.e. your father as well & other siblings including daughters.

- Further , as your father has already died without leaving any WILL etc, then this property can be claimed by all the legal heirs. 

- Yes, legally your cousin having her right to claim the share of her mother equally to your fathers . 

Mohammed Shahzad
Advocate, Delhi
15859 Answers
243 Consultations

Yes, she have eqaul right. Her mother share inherited in her.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

If your grand mother dies intestate i.e., without distributing the property by way of Will or any other mode, then her children are entitled to share equally, and that, since the father of your cousin died, his share will devolve on his wife and children as such, your cousin has right in the share of her father alongwith her mother and her siblings.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

yes your cousin can claim her mother share. 

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

Yes your cousin can claim it.

Swarupananda Neogi
Advocate, Kolkata
2995 Answers
6 Consultations

Madam,

The said cousin may claim the share of her mother. 

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

Yes she can claim share of her mother from property of her maternal grandmother. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Ask a Lawyer

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