• Property right of unmarried grand daughter after mother's death

A male died without any will in 1950.He had 2 wives died leaving   2 sons and 1 
daughter each The eldest son of first wife made the.Partition on March,1989 between male members of the family.Female members were not given any share.Now the unmarried daughter of the coparcenary daughter i.e second wife's daughter's daughter wanted to  claim her mother's share.
Sir, 
Is there any legal right to claim the share for the coparcenary daughter's daughter?
Whom shall she issue notice to claim her share?
Asked 4 months ago in Property Law from Nagercoil, Tamil Nadu
Religion: Hindu
1) grand daughter can issue legal notice to her uncles to claim her share in property

2) she should file suit for partition to claim her share and seek injunction restraining her uncles from creating third party rights on the property 
Ajay Sethi
Advocate, Mumbai
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A. As per the General rule of succession, when a male Hindu died intestate (without a will) that property would be distributed between class I legal heirs i.e, mother, wife and children. In your case, that partitioned property had to partition between aforesaid parties equally but not happened.

B. Further, Second wife would be treated as Illegitimate children under the eyes of law, however, children of Second Wife has equal right over the property. And you can file a Partition Suit along with an interlocutory application under Order 39 Rule 1 and 2 not alienate the property to third parties before the Court.
B.T. Ravi
Advocate, Bangalore
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In 1950 the Hindu Succession Act had not come into being, as a corollary thereto the daughters had no share in the property. So no share devolves on the heirs of the daughters.
Ashish Davessar
Advocate, Jaipur
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if first marriage was valid and second was solemnized in subsistence of first marriage then children of second marriage cannot claim in ancestral property of the deceased.

daughters have no right to claim partition because partition was taken place before 2004. and at that time daughter had no such right.  
Shivendra Pratap Singh
Advocate, Lucknow
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I presume it was self acquired property of father 

2) on his demise daughter would have one third share in property 

3) on demise of daughter her share will devolve on her legal heirs 
Ajay Sethi
Advocate, Mumbai
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1217 Consultations
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There is bound to be contradiction when you take opinion from multiple people. No judgment is required, what I said is the basic law. 
Ashish Davessar
Advocate, Jaipur
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447 Consultations
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Is there any legal right to claim the share for the coparcenary daughter's daughter?
Whom shall she issue notice to claim her share?

You have not stated whether the mother of this daughter is living or not living now.

Presuming that her mother is living, she only can claim her legitimate share in the property from her brothers, orally, if they dont agree for it then she can very well file a partition suit  and seek her legitimate share and separate possession out of the property that belong to her deceased father who died intestate. 

If her mother is not living, then her daughter along with other children of her mother can jointly file a partition suit claiming their mother's share in the property. 

They have to file the partition suit against their maternal uncles, and if they are not alive now then against those people who are enjoying the properties now. 

Please note that the grand children do not have coparcenary rights in their maternal grand father's properties.

In this situation, the daughters who would like to claim their mother's share are not coparceners to the property.  

In fact they are not eligible to claim any share during the lifetime of their mother.
T Kalaiselvan
Advocate, Vellore
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why this contradictory opinion?
Judgement if any,may kindly referred to substantiate their claim.


What do you mean by contradictory opinion?

What is the contradiction that you found in the opinions?

Come out with the details, you will get suitable clarifications for the so called contradictory opinions too.

The opinion given by me is based on the position of law hence there is no need for judgments on this.

If you are still interested in getting any judgment on this you may hire the services of any advocate to procure them.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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