• Does grand daughter has her rights to claim on mother's parents property?

Grand daughter claimed her first notice on mother's father property and she asked to share the property within 15 days as per the notice .Indeed we were 3 daughters, 1 son and 1 daughter is not alive,and her daughter claimed notice for property so give me a legal advice.We want to confirm that her notice is valid or not as per law.
Asked 5 years ago in Property Law
Religion: Hindu

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16 Answers

Dear Client,

Yes, she may claim as per law.

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

If grandfather is alive and his self earned property than she can't claim. 

 

If grandfather is not alive than also she can't claim for property if her mother is not alive because it's not ancestral property. 

 

To check her family tree and property is still under HUF undivided than need to check all those papers. 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

The granddaughter is entitled to the share of her deceased mother out of her deceased grandfather's property. 

The legal notice,  if the situation explained now is confirmed,  is very much valid. 

 

T Kalaiselvan
Advocate, Vellore
89983 Answers
2492 Consultations

Es her notice is valid. She is entitled for property share 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Notice is statutory right and cannot be void. But you are advised to avoide it and do not respond 

 

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

1. Assuming that your grandparents died intestate ( without executing a WILL ), then the entitlement to the share in the property devolves equally to their children.

2. As per your narration, the grandparents had begetted 4 children, i.e., 3 daughters and 1 son.

3. So the entitlement to the property will be 1/4th share each has to get.

4.  In case of deceased siblings, i.e., one sister and one son, their children are entitled to the main share. In other words, your deceased sister's 1/4th share will be shared equally amongst her children and similarly your deceased brother's 1/4th share will be shared equally amongst his children.

5. If your deceased sister's daughter has sent you a legal notice for her share ( out of her deceased mother's share ), then it's her legally valid claim.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

Grand daughter can only claim her mother's share. Mothers side property is not a ancestral property as per HS Act. So there is no matter of right for her share but she can always claim mothers share. 

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Yes she has a share as her mother was a shareholder and a coparcener.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes,Definitely. Her notice is valid as per Hindu Succession Act 1956.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Grand daughter has no share during her mother lifetime 

 

on mother demise she along with her siblings can claim mother share in property 

Ajay Sethi
Advocate, Mumbai
99781 Answers
8145 Consultations

Dear Ma'am,

Please provide the following details:

1. What is the nature of the property of grandfather? Is is self acquired or ancestral property? Please note: Ancestral property is one which is running from 4 generations.

2. By any chance, is the grandfather still alive?

3. When did the daughter (who's daughter is claiming now) pass away? 

4. Has there been any formal partition of the properties of the grandfather?

We will be able to answer accurately only upon knowing these details.

 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

- If your mother is alive , then none having right to claim over the property of her fathers property , only after her death , the property would be devolved upon her legal heirs. 

- Hence, if already died , then the said granddaughter can ask for her share in the property of her mothers father after sending a legal notice . 


Try to understand reply , as i have also mentioned the same.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Sir/Madam,

Though she has the rights but you are suggested to submit the strong reply of the same and ask for the compensation for damages and mental agony caused due to that notice. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

yes grand daughter can claim her mother share. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

In Indian law there is no stage called “admission” in civil suit.  In law it is not maintainable and you can get issue a fitting reply to her. Even then if she files any partition then you are advised to file an interim application under order 7 rule 11 of civil procedure and fight on the maintainability of the suit and never allow it to go for trial. More over 12 years is the limitation to file any partition suit.  Discuss.

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The limitation for filing the suit for partition und... Article 65 of the Limitation Act, 1963 is 12 years when the cause of action accrues to the plaintiff. In the instant case the cause of action for filing the suit for partition ac..., the suit is barred by limitation.

http://comtax.up.nic.in/Miscellaneous%20Act/limitation-act-1963.pdf

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Grand daughter cannot claim share from self acquired of her grand parents if they are alive. 

But if her mother is deceased then that grand daughter can claim share of her mother from property of her deceased grandparents 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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