My grand father has alloted site muncipal in 1934 & he died in 1941 . he has 2sons ,6 daughters out 6 daughters 4 are dead before 2001,& my father died in 2000 khatha in the name of my father[deceased] & my uncle [partion deed between my father & uncle not done] Now my question is since my father & daughters of my grand father are dead , is all daughters & children's of deceased daughter's signature is necessary for sale of the property
Asked in Property Law from chinthamani, Karnataka
HINDU SUCCESSION ACT OF 2005 WHAT DEALS UNDER SEC 6& 8 REGARDING PROPERTY 'S SHARE TO WOMEN
Asked 1 year ago
1) On grand father death each legal heir would have one eight share in property
2) consent of legal heirs of daughters would be necessary for sale of property
1. No. Daughters of your grandfather has nothing to do with the property of your grandfather, who died intestate, since daughters have no claim on father's property if the father has died before 2005,
2. On the said ground, the children of the daughters of your grandfather has no right on the property of your grandfather for which there is no need to take their signature on any document related to the said property.
1. As per recent Judgement passed by the Supreme Court, Hindu Succession Act,2005 is prospective and not retrospective,
2. So, since your grandfather demised before the year 2005, his daughters (and their children) will have no claim on his properties.
The share of deceased daughters of your grandfather has devolved on their legal heirs i.e their widowers and children respectively, which they can cull out by filing a suit for partition. Their consent is indispensable for the sale of property.
The 2005 amendment to HSA related only to ancestral property, so it does not apply to your case as the property is not ancestral.
After the death of your grand father his childrens become the absolute owners of the property. If any of the persons (your father or his sibling were died then his / her legal heirs has right over the property by succession )So selling the property, all the legal heirs must be signed in the document
As the property is the ancestral property of your grand father and he died in the year 1941 so your grandfather daughters have no right to claim the property as latest Supreme Court decision.
This was your grandfather's own property but he died in the year 1941. During 1941 the law for equal share to the daughters was not existing and also if they were married before 1956 then they may not be entitled for a share in the said property, hence their children also shall not be eligible for any share.
Even tough there was no partition between your father and his brother, it can be construed that there was an oral partition by which they have taken separate possession an enjoy the property with their respective shares independently.
Therefore there is no need to refer t the latest amendment of HSA when the original law itself is not in their favor.
sec 6 of the HSA will not be applicable on you because her father has died before 20 december 2004 (date of amendment in sec 6) She has no interest in the property and her permission is not required. Prakash vs Phoolwati AIR 2015 Supreme Court.