Sir, 1. What would be the rights of a daughter in the self acquired property of her maternal grandfather who died intestate ? Mother not alive. 2. My paternal great grand father (GGF) bought property ( self acquired ) and gave it on lease. After his death my grandfather ( GF) his only son,inherited it and renewed the lease. My grandfather died intestate leaving behind two sons ( S1 and S2 ). S2 was my father. The property was not partitioned between my father and his brother. Both of them died young before 2005. Presently, is that property ancestral self acquired or joint family? Iam a daughter and what is the share Iam eligible for?
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1) on grandfather demise mother would be one of the legal heirs
2) mother share would devolve on her daughter and other legal heirs on mother demise
3) as far as property owned by great grand father is concerned it would be ancestral property as it has remained undivided for four generations
4) daughter would have no share in ancestral property if father died before 2005
1. What would be the rights of a daughter in the self acquired property of her maternal grandfather who died intestate ? Mother not alive.
Firstly the grand daughter has no direct claim for a share in the maternal grandfather's property even if the grandfather died intestate. Her mother only has a right to a legitimate share in the said intestate property. As you have stated that the mother is not alive, if she had not availed her share in the intestate property during her life time, her share of property from her her father's estate shall devolve on her own legal heirs i.e., her children and her husband. That way if you are her daughter you are entitled to a proportionate share out of your deceased's mother's share in the property. You can file a partition suit seeking your share and separate possession of the same.
2. My paternal great grand father (GGF) bought property ( self acquired ) and gave it on lease. After his death my grandfather ( GF) his only son,inherited it and renewed the lease. My grandfather died intestate leaving behind two sons ( S1 and S2 ). S2 was my father. The property was not partitioned between my father and his brother. Both of them died young before 2005.
Presently, is that property ancestral self acquired or joint family? Iam a daughter and what is the share Iam eligible for?
Though this can be termed as ancestral property since it has fallen into the third generationas it is, the papers are to be seen because the daughters became entitled to a share in the ancestral as a coparcener with effect from the state amendment of the succession act from the year 1989. Even otherwise you are entitled to a share out of your father's share in the property since he died intestate.
You may decide to file a partition suit claiming your legitimate share.
What is ancestral property ?
Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner. The rights in ancestral property are determined per stripes and not per capita. This means that the share of each generation is first determined and the successive generations in turn sub divide what has been inherited by their respective predecessor.Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. Property inherited by will and gift are not ancestral properties. Self acquired property on the other hand can become ancestral property only if it is thrown into the pool of ancestral properties and enjoyed in common.
Is the property of Paternal or maternal great Grand father ?
If it is the property of Paternal great Grand father, the property not comes under ancestral property. You and your siblings and your mother can got right in the property as your father have in that property. If you want to partition the property then file a partition suit for getting your share.
If the property is comes under maternal great grand father, grand daughter has no right in the maternal grandfather's property even if the grandfather died intestate.If your mother is not alive then you can claim on her share.
1. In so far as the property of your maternal grandfather is concerned, your mother's legal heirs i.e her husband and children succeeded to her share in the property. Any one of them can file a suit for partition to cull out his/her share.
2. The property originally bought by your paternal great grandfather is not ancestral. The legal heirs of your father i.e his widow and children have succeeded equally to his share, which they may cull out by filing a suit for partition.
