Claiming share of property
Vilas
(Querist) 21 June 2017
This query is : Resolved
My grand father constructed a house in Mumbai. He had three daughters and two sons all were staying in this house. Later on being a big building for them part was rented out.
In 1973 my grand father died without will All of them including his widow and two sons and three daughter till they got married were staying in that house . Nothing was given to three daughters and my fathers brother as he was paralised person. every thing was with my father.
My father has three daughters including me and two sons one of whom died unmarried Now my father has transferd substatial part of the property to my unmarred sister and daughter in law.
I want to know
1. Whether provisions of sec 6 notional partiion or dwelling unit or survivorship will apply to the first part
2 Whether property in my fathers hand is self acquired property or ancestral property.
3. Can I myself and my sister chllange the transfer of property to daughter in law and claim our share as two of us are not given any thing .
we are hindus (south india)
pl advise
Dr J C Vashista
(Expert) 21 June 2017
1. Which Act (section 6) for notional partition, dwelling unit or survivor ship is referred in your question No 1?
2. It is self acquired property in the hands of your father, if it has been purchased by your grandfather,which you did not mention. However, there is no relevance of construction for succession as stated.
3. Challenge of transfer of title of part of the property by your father shall not survive since he (your father) was absolute owner/titleholder of his self-acquired property. Whether your father is alive? If so, he may give you and your sister.
4. Consult a local prudent lawyer with relevant documents for better appreciation of facts and documents.
P. Venu 
(Expert) 21 June 2017
Was there any partition/family settlement among your father and his siblings subsequent to the demise of the grandfather?
Rajendra K Goyal
(Expert) 21 June 2017
Agree with the advice from expert Dr J C Vashista.
Kumar Doab
(Expert) 21 June 2017
You have clarified that you are Hindu.
Hindu succession laws should apply.
Until or unless there are some specific customs/rules for Hindus from south India that has legal sanction.
However you have not clarified it.
Agreeing with Vashistaji that you have not clarified which Sec:6 and nature of property being self acquired/ancestral in the hands of Grandfather.
Agreeing with Shri P.Venu and you may clarify on points raised.
Kumar Doab
(Expert) 21 June 2017
Succession opens on date of death.
probably that is why you are referring to being Hindu from south India and Notional partition.
Kumar Doab
(Expert) 21 June 2017
Succession opens on date of death.
probably that is why you are referring to being Hindu from south India and Notional partition.
Vilas
(Querist) 21 June 2017
I want to know after the death of my grand father the entire property was taken by my father. Rather two of his sister demanded their share at one point of time. So how this will be interpreted because there is no legal or any other document to that effect.
So whether it will be a notional partition under hindu scuccession Act 1956 old provision.
or my father denied partition because it was a dwelling unit and consent is required of male members.
or it will be considered as a result of survivorship.
Second thing when grand father died my fathers two sons and three daughters were there.
so the entire property in the hands of my father(immovable property) which he got through my father is ancestral property/ self acquired property.
whether son/ daughter has any coparsenary share in this property.
does it mean whichever way the property is received by my father, irrespective of whether its a joint family property or ancestral property father will have full right on the entire property as referred above and can not be challanged/claimed during his life time.
Kumar Doab
(Expert) 21 June 2017
You have still not replied point wise to all points raised by experts.
Apparently the property was never partitioned by a valid/registered deed and it is simple matter of inheritance.
Generically speaking: If property in the hands grandfather was self acquired then his ClassI legal heirs have equals rights.
The property that devolves by inheritance should be self acquired.
Surrender K Singal
(Expert) 22 June 2017
How is your father entitled to deal with / transfer property of your Grand Father ?
Dr J C Vashista
(Expert) 23 June 2017
Read my reply once again and reply my question to form an opinion if you are really interested in getting some FREE legal advise.
Otherwise, you have a good option to consult a local lawyer for better appreciation of facts and documents, guide and proceed but close this thread.
