• Grand daughter rights on grand perants property through mother.

My grand father & grand mother died in the year 1978 & 1991 respectively living some immovable property. My mother i.e, their daughter died in the year 1984. From then on until this day there was no partition in my mothers parents family i.e, my mothers 3 brothers. Now my mothers brothers are making partition. As a grand daughter can I claim rights to my mothers (who died in 1984} parents self acquired property or according to Hindu succession(Amendment) Act,2005.there is no scope.
Asked 8 months ago in Property Law from Haasana, Karnataka
Religion: Hindu
1) it is  self acquired property of grand parents 

2) on your mother demise her share would devolve on you   and your siblings 

3) you can file suit for partition to claim your share in property
Ajay Sethi
Advocate, Mumbai
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Hi, you have every right to claim share in the property you have to file suit for partition against your mother brothers.
Pradeep Bharathipura
Advocate, Bangalore
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133 Consultations
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As a grand daughter can I claim rights to my mothers (who died in 1984} parents self acquired property or according to Hindu succession(Amendment) Act,2005.there is no scope.

You cannot claim any share in the property as a granddaughter from your maternal grandparents' properties.
However, your mother was entitled to a share during her lifetime or after her intestate death in her parents self acquired properties who died intestate  as one among their legal heirs.
This share that was due to your mother shall devolve on her own legal heirs consisting your father , you and your siblings. 
You also can ask for a share as per your entitlement from your uncles, if they dont give or reluctant to allot any share to you, you may file a partition suit seeking your legitimate3 share out of your mother's share from  her father's/parents' self acquired  properties. 
The amendment of 2005 has nothing to do with this position.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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The legal heirs of your mother are her husband and children who have succeeded equally to her share in the property of her parents if they passed away intestate. Any one of you can file a suit for partition to cull out your individual shares in the property. The 2005 amendment relates to ancestral property whereas the property acquired by your maternal grandparents does not fall within the realm of ancestral property.
Ashish Davessar
Advocate, Jaipur
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447 Consultations
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amendment has no relation with the devolution of self acquired property because amendment is applicable on ancestral property only. 

you should file a suit for temporary injunction and partition of property. maternal grandfather had died intestate and property remains in second generation so it is self acquired property till now. 
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
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