The predecessor in interest of the daughters having died before the year 2005 they can not claim any share in the proeprty which is presumably the ancestral one.
So rest assured.
Grand daughters right on grand fathers property
Sir, i had purchased land from father and son. father get that land after death of his father. the land is self equired by fathers father.the grand father has one son and daughter. the son has one son and two daughters.two daughters put a case in the court.the daughters grand father died before 1990.the land is in andhra pradesh. will the grand fathers daughter get any part of this land legally. will the daughters get any part of this land. if has right how much they get. one daughter married before 2005.
Asked 8 years ago in Property Law
Religion: Hindu
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6 Answers
on demise of grand father his son and daughter had equal share in property
2) it is not ancestral property but self acquired property of grand father
3) grand daughters have no share in said property during their father lifetime
4) marriage of grand daughter before 2005 is immaterial
if the property is ancestral property or the owner of the property died intestate then all the share holder will get share from that property.
as per section 10 of Hindu Succession Act-1956,
10 Distribution of property among heirs in class I of the Schedule
The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:
Rule 1-The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share.
Rule 2-The surviving sons and daughters and the mother of the intestate shall each take one share.
Rule 3-The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.
Rule 4-The distribution of the share referred to in Rule 3-
(i) among the heirs in the branch of the pre-deceased son shall be so made that his widow (or widows together) and the surviving sons and daughters get equal portions; and the branch of his predeceased sons gets the same portion;
(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.
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If the father who had sold his property acquired this property by a will/settlement/gift/partition deed, then he becomes absolute owner of the property sold, but if he had inherited the same on the basis of legal heir as an intestate succession, then his sister has a right or share and interest in the property.
The logic of application of law which came into effect during 2005 shall not have any impact on this.
1. The land is a self acquired property of the grandfather which has been inherited by his son being the father.
2. After the demise of the grandfather, intestate, his daughters will inherit his property equally with their brother.
3. Similarly the daughters will also equally inherit their le father's share of the said property, if he has died intestate.
1. If the seller got the land through succession from his father then he was at liberty to sell the property as it was his separate property.
2. The daughters have to prove that the property was ancestral in their hands as on the date of sale..
3. The title deed of the land alone can throw light on whether the property is ancestral or not.
