• Sister's claim on father & mother property

Dear Sir,

My Grandfather & Grand Mother acquired some land with their own money & on the compensation received against death of one of their son in a railway accident, the son was working in Indian Railways. 

Out of this land some portion is held in my Grand Mother's name.

Some portion is held in my Grand Father's name, out of which in one portion, my Grand father constructed house where my father contributed money generously & regularly.

Also my father was regularly sending money for their living & during the old age both of them stayed with my father, who was taking care of them.

Now both of my Grand Father & Grand Mother died in 1984 & 1989 respectively & they are survived by one son (my father) & two daughters (my Aunt).

Both the daughters have claimed on the property held in the name of my Grand Father & Grand Mother, please confirm me whether they have any share on the property held or not, considering the following:

1. Property is not ancestral & acquired by self & by the compensation amount received by Grand father & Grand Mother.
2. Substantial amount of money was given by my father for the construction of the house, original letters of Grandfather available with my father regarding receipt of money & thanking letters.
3. The daughters (my Aunt) have also acquired property in partition from their father/mother in laws
4. both the daughters (my Aunt) are widow surviving with their son & daughters.
6. considering the Hindu succession act amendment 2005 have any role in the above scenario.
7. after marriage of the daughters (my Aunt) they stayed in their husbands home & never stayed with my Grandfather & Grandmother & also never looked upon them during their old age.

Please reply me whether both the daughters (my Aunt) along with my father have any right on the subject property, if not Ok, but if any in what proportion, on the property as follows:

1. Land.
2. Building 

Thank you in advance for your earliest reply.

Warm regards,

Srikant Pani.
+91 72050 10905.
Asked 2 years ago in Property Law from Bhubaneswar, Odisha
Religion: Hindu
1) on your grand parents demise your father has only one third share in property 

2) your aunts have equal share in property . 

3) merely because your father made some contribution would not dis-entitle daughters to claim share 

4) it is immaterial whether aunts received property from their in laws and that they are widows 

5) hindu succession amendment act 205 would not dis entitle daughters from claiming share in father self acquired property 

6) even if daughters never looked after parents in old age would not dis entitle aunts from claiming share in property 
Ajay Sethi
Advocate, Mumbai
40244 Answers
2286 Consultations

5.0 on 5.0

Hi,  as the property is the self acquired property of  your grand parents, after their demise  your father and aunts has equal right in the property.
Pradeep Bharathipura
Advocate, Bangalore
4451 Answers
197 Consultations

4.3 on 5.0

This was the self acquired property owned jointly by your grandparents, so on their demise without a will it devolved equally on all their children including daughters. The sisters have an indefeasible share, equal to the share of their brother i.e your father, which they can cull out by filing a suit for partition in the court. It is immaterial if your father had also contributed or not to the construction of the house. What is material is that the sale deed was registered jointly in favour of your grandparents. It is also immaterial that your aunts did not look after their parents in the evening of their life. 
Ashish Davessar
Advocate, Jaipur
22628 Answers
609 Consultations

5.0 on 5.0

Please reply me whether both the daughters (my Aunt) along with my father have any right on the subject property, if not Ok, but if any in what proportion, on the property as follows:

1. Land.
2. Building 

From your above question it  can be ascertained that your grandparents acquired the property by purchasing them at different occasions, though through the funds of your father and the money derived from your deceased uncle's death funds. 
In all the probabilities, the properties can be termed as self acquired properties of your grandparents  only. 
Both your grandparents died intestate therefore their properties shall devolve equally on their legal heirs equally.
As per Hindu Succession Act, 1956, the daughters have equal rights in their parents properties to that of the sons if their parents death is intestate. 
Therefore the rights or shares in the said properties to the daughters of the deceased parents cannot be denied to them for whatever reason. 
The latest supreme court ruling is not applicable to this.
If your father has funded for properties and its developments he may claim, if he has substantial proofs for this, the money from all the share holders or portion of property in lieu of the money spent by him. For this he may have to file a separate suit. 
T Kalaiselvan
Advocate, Vellore
30332 Answers
316 Consultations

5.0 on 5.0

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