My grand father has 2 sons & 5 daughters. He died in 1942 .out of 5 daughters 3 are dead(before 2005) & first son (my father) also died in 2001. & my grand mother is also dead(1978) now my uncle & his 2 sisters are alive .the property is self acquired my grand father. now we are thinking to sell the property . my question is whether deceased sisters children have right for share in the property . is necessary to take no objection letter from them & other 2 sisters(alive) has right for share please clarify previously answered by you is clear to me hence please clarify again in detail & also sec 6 & sec 8 of HSA OF 2005(AMENDED IN 2015)
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My fathers sisters married before 1956
one layer of our area is asking us to get signatures of children's of deceased sisters is it necessary
1) on grand father demise his self acquired property would devolve on his 5 daughters and one son
2) on demise of daughters their share would devolve on their children
3) it is not ancestral property and hence you would need consent of other legal heirs for sale of property
you need consent of sisters deceased children
even if sisters married they have share in their father self acquired property
This being the self acquired property of your grandfather, his daughters have a share equal to the sons, unless your grandfather executed a will to the contrary. The share of the deceased daughters has devolved on their legal heirs, which they can cull out by filing a suit for partition. So you are required to obtain the consent of the legal heirs of the deceased daughters to sell the property. They also have to sign the sale deed in favour of the prospective buyer. Sec 6 HSA is not applicable to self acquired property.
1. In whose name is the property in municipal records?.
2. Did your grand father died intestate or had he executed a 'WILL'.
3. In case of intestate death of your grand father, all the legal heirs, i.e., 2 sons and 5 daughters of your grand father are entitled to 1/7th share in the self acquired property of your grand father. Since in the instant case, one son and 3 daughters are dead, their respective share (1/7th) each would devolve equally amongst their spouse and children.
if self acquired property of a person has been devolved on his legal heirs it becomes ancestral property. After decision of Prakash vs Phulwati 2015 daughter has no right in ancestral property if her father has died before 20 December 2004. In your case daughters have no such right. First you get partition of land among male heirs [ preventing future litigations towards boundaries of land ] then you can sell it.
my question is whether
deceased sisters children have right for share in the property . is necessary to take no objection letter from them & other 2 sisters(alive) has right for share please clarify previously answered by you is clear to me hence please clarify again in detail & also sec 6 & sec 8 of HSA OF 2005(AMENDED IN 2015)
The property was self acquired property of your grandfather. Upon his intestate death, the property will devolve on all his legal heirs which include his spouse and children.
Now among the children, a share each by dividing the entire properties into such equal part to the number of children shall be allotted to the surviving children and one each to deceased legal heir's heirs shall be allotted. The amendment act of the 2005 does not have any role to play in this. This will be governed by the Hindu Succession Act 1956,. The daughters also have an equal share in the property.
My fathers sisters married before 1956;
Even then they are entitled to a share in their father's property.
one layer of our area is asking us to get signatures of children's of deceased sisters is it necessary
Yes they are also considered as co sharers.