Grand daughter have any rights to claim grandfather property
Srinivasarao mikkini
(Querist) 18 October 2017
This query is : Resolved
My great grand father self acquired 4acres land around in 1950 and he have two sons. First son sons have already partitioned 2acres land and they got patta pass books also, but my grand father and my father didn't partitioned till now. My grand father have 6children( 5 are women and my father). My grand father and my father were not alive so right now my father sisters filled a suit that they also have equal rights on remaining two acres. Kindly advise whether they have equal rights on my great grand father property
Guest
(Expert) 18 October 2017
Yes.Legally the father's Sisters also have equal rights in ancestral property.
NANDKUMAR B SAWANT
(Expert) 18 October 2017
You may check the partition of property made to give share of brother of father .also check if any no objection is given by sisters of father .you may get some useful information to defend your case...good luck
Srinivasarao mikkini
(Querist) 18 October 2017
But as per SC mentioned if father died before sep9th 2005, Daughters will not have any right to claim father and grand father property.
Daughters cannot inherit ancestral property if father died before 2005, says Supreme Court http://m.indiatoday.in/story/daughters-cannot-inherit-ancestral-property-if-father-died-before-2005-says-sc/1/514940.html
Guest
(Expert) 18 October 2017
Alienation of Ancestral Property including partition should have taken place before dec 20 th 2004
Guest
(Expert) 18 October 2017
In your case the partition had not taken place till now and certainly the daughters would have a hold /right
Srinivasarao mikkini
(Querist) 18 October 2017
Hi Raj Kumar sir,
Ancestral property means which was undivided , unpartitioned for four generations right. Till now we didn't partitioned the land, my father have 5 sisters. Kindly let us know whether my aunt's have right to claim my great grand father property.
Advocate Bhartesh goyal
(Expert) 18 October 2017
Yes,ancestral properties are one which have not been partitioned and divided for four generations but you stated in your query that " my grand father and father did not partition till now..... and father sistreŕs filed suit for remaining two acre "means the disputed land belongs toyu�r grand father ( th�rd generati�n )wh��h can not be said ancesral so your father's sister can legaĺly claim their share and have right over the property.
Guest
(Expert) 18 October 2017
Yes Your aunts could claim their Rights
Rajendra K Goyal
(Expert) 18 October 2017
Agree with the expert Advocate Bhartesh goyal.
P. Venu
(Expert) 18 October 2017
Your grandfather got the property through partition. Hence it is no longer ancestral and all the intestate property of the father is jointly vested with the legal heirs.
Srinivasarao mikkini
(Querist) 18 October 2017
Hi goyal ,
Thanks for your valuable feedback. I have small doubt that SC passes order to cut off the daughters and grand daughters rights to claim their father property only if father is alive on and after sep9 2005(whether it is ancestral or inherited from grandfather also). Kindly correct me if I mistaken. You clearly stated that it is not ancestral property.my great grandfather's first son sons are partitioned the land without informing us. We are cultivating the land from past 50 years, after sudden demise of my father, my aunt's came into the scene and asking for share. Please let us know whether it is correct or not and kindly provide your suggestions to protect from my end.
Dr J C Vashista
(Expert) 19 October 2017
The daughter's claim in agriculture land was intact even before amendment in Hindu Succession (Amendment) Act, 1955 came into force with effect from 09th September 2005.
Dr J C Vashista
(Expert) 19 October 2017
There was a right to live for daughter in her undivided ancestral (parental) house property before amendment in Hindu Succession Act, 1955 came into force.
