• Right of minor in maternal grandfather's property

My father died in 2004 leaving behind a residential house and had no will documented about the succession. My mother also died in 2009 .My sister, a divorcee , used to stay with me till her death in 2011 along with her only son. After her death , her son ( now 15 ys of age) has been staying with his natural guardian and father. So currently , myself and my nephew (a minor and staying with my ex-brother in law) could be the only legal claimants of my father's property. My questions are :
1. Can my ex-brother in law claim my minor nephew's right on his deceased mother's property as natural guardian ?
2.What is the latest lawful stand ( post the amendment of Hindu Succession Act in 2015)  about my nephew's claim on my deceased father's residential house  after he attains adulthood ( considering that the my father died in 2004 and the house was till that time on father's name) ?
Asked 12 months ago in Property Law from Kolkata, West Bengal
Religion: Hindu
1/ Yes on the death of your father your sister inherited his self acquired property along with you and her mother. On the death of your mother she share again got equally inherited by you and your sister.
2. Now on the death of your sister her share gets equally divided between her son and husband.
3. Since your father dies in 2004 his ancestral property will not be inherited by your sister and only his self acquired property will be devolved upon her.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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1) on your father demise your mother , you and your sister were the legal heirs of his self acquired property . 

2) on your mother demise you and your sister would be the legal heirs . 

3)since your sister was a divorcee her share on her death would devolve on her son 

4) your nephew can file suit for partition to claim his share of property on attaining adulthood 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
1) once gift deed was executed by your uncle your father would be absolute owner of the property 

2) nephew would inherit your sister share on her demise 

3) your ex brother in law has no share in property . 

4) your ex brother can as guardian file suit to claim his son share in property 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
1. Your father has demised in the year 2004,

2. If your father had acquired the property of his own then you and your sister will equally share your deceased father's said property since he died intestate,

3. In that case your nephew will share his mother share of your father's property and your BIL will have no claim on it since he is no more the husband of your sister,

4. If your father had inherited the said property then your sister  will not be a co-parcener on the date of amendment of the act in the year 2005 since your father was no longer alive in the year 2005,

5. In the above case, you will be the owner of the entire property.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. The share of your sister has devolved on her heirs i.e her husband and children equally. If divorce had taken place then the share would devolve only on the children of your deceased sister.

2. The much talked about amendment to Hindu Succession Act does not apply to your property unless it is ancestral. The concept of coparcenary exists only in ancestral property.

3. As the natural guardian he has the right to maintain the share of his son and hold it in trust for him till such time that he attains the age of majority. He cannot sell it except without court orders.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
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1. Can my ex-brother in law claim my minor nephew's right on his deceased mother's property as natural guardian ?
Your nephew, i.e., your deceased sister's son is a legal heir of her so he is entitled to the share of property his mother was entitled from her father's intestate properties.   Therefore as the minor nephew's guardian, his father and natural guardian is bound by law to protect the rights and interests of the minor child in the properties, hence he is very much eligible to claim the share on behalf of his minor son.

2.What is the latest lawful stand ( post the amendment of Hindu Succession Act in 2015)  about my nephew's claim on my deceased father's residential house  after he attains adulthood ( considering that the my father died in 2004 and the house was till that time on father's name) ?
The Hindu succession (amendment) act 2005 has nothing to do with this.  The daughters have equal rights in their father's intestate properties.  This law is existing law and it was not amended recently. So dont get confused on non-existent law with regard to your present subject. 


T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
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Thanks for clarifying . My late father acquired the property (residential house)  as a gift from my uncle. 
1) In that case , does my minor nephew have any right his maternal grandfather's property as co-prancer even after he attains adulthood in perspective of the amendments done in 2015 on the Hindu Succession Act ? 
You minor nephew is not claiming a share in his maternal grandfather's property. He is claiming the share of his mother who was entitled to a legitimate share out of her father's intestate properties as her legal heir.  Any attempt to sell, alienate or deprive the rights and interest of the minor child shall be held as an illegal act and any such act will not be binding on the minor child to claim his rightful and legitimate share.  There is no impact on the latest amendments to the Hindu Succession act, also for your information the amendment was effected i the year 2005 and not in 2015. 



2) My ex-brother in law ( divorced from my marriage with my late sister ) is claiming that there he can acquire the share of my minor nephew as a natural gaurdian. Is this a valid claim in perspective of the amendments done in 2015 on the Hindu Succession Act ?
Your ex-brother in law's claim on behalf of his minor child is a legally valid claim and maintainable in law.  There is no exemption to this. 
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0

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