My Grand father & grand mother died in 1961 & 1981 resp. leaving 5 sons & 4 daughters behind. As on today one son and one daughter are alive. Please guide me how to divide this property among us (i.e) grand sons,aunt and uncle.
Hi, as the property is the ancestral property of Grand Parents all their legal heirs have equal share in the property.
2. Your grand parents has 5 sons so they have equal share in the property, suppose if they have died then their legal heirs have right over the property.
3. As per latest Supreme Court ruling daughters have no right to claim share in the ancestral property.
On your grandparents demise each legal heir would have one ninth share in property
2) the share of deceased son or daughter would devolve on his wife or husband and children
But The Apex Court said that the rights under the Hindu Succession (Amendment) Act, 2005 are applicable to living daughters of living coparceners (those persons sharing the inheritance of an undivided property equally with others) as on September 9, 2005 (when amendments came into force) irrespective of when such daughters were born. “The text of the 2005 amendment, itself clearly provides that the right conferred on a ‘daughter of a coparcener’ is ‘on and from the commencement’ of the Hindu Succession (Amendment) Act, 2005.” “In view of plain language of the statute, there is no scope for a different interpretation than the one suggested by the text of the amendment. An amendment of a substantive provision is always prospective unless either expressly or by necessary intendment it is retrospective,” the Supreme Court said. In the present Amendment Act of 2005, “There is neither any express provision for giving retrospective effect to the amended provision nor necessary intendment to that effect.” Please clearify....
Hi, The Supreme court has made it clear that if the father died before [deleted] then daughters have no right to claim share in the ancestral property.
2. In your case your grandfather has died on 1981 so his daughters have no right to claim share in the ancestral property now.
The heirs of your grandparents are their children who have succeeded equally to their property. Since only two of their children are alive the division can be made through execution of a partition deed between the surviving children and the grandchildren of the deceased children.
1) the judgement of Supreme Court is applicable only in respect of ancestral property
2) in your case it is self acquired property of your grand parents
3) on their demise property would devolve on their sons and daughters only
4) the share of predeceased son would devolve on his wife and children
My Grand father & grand mother died in 1961 & 1981 resp. leaving 5 sons & 4 daughters behind.
As on today one son and one daughter are alive.
Please guide me how to divide this property among us (i.e) grand sons,aunt and uncle.
If it was a self acquired property of your grandfather then it will devolve on all his legal heirs.
If the deceased legal heirs of your grandfather have left behind any legal heir upon their intestate death, then those legal heirs along with the surviving legal heirs shall be entitled to an equal share in the intestate property of your deceased grandfather.
Thus out of 5 sons and 4 daughters there are only one son and one daughter alive today, what about the other sons and daughters, whether they were married and have left their legal heirs behind.
If yes, then then the property can be divided into 9 shares and one son and one daughter alive now shall be entitled to one share equally and the legal heirs of respective deceased sons and daughters shall be entitled to one equal share.
To your subsequent question, you must understand one thing that apex court ruling is based on the amendments that came into effect from the year 2005.
This law is applicable to the sharing of ancestral properties alone.
The definition of ancestral properties means it should have passed in the same status into three generations and in the hands of fourth generation.
Therefore the above ruling is not applicable to your case because the property was your grandfather's own property.