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Krishna (NA)     18 August 2014

Can i daughter claim property?

Hi,

 

My father deceased one year back and he has adangal and passbook in his name before his death.Partition deed was done between my father and her mother two years back for 1.7 acre land.

My father has four sisters who are all married before 1983 and all was giving money at the time of their marriage.Some sold their land at that time and made cash.

Now my father got 1.7 acre land in his name and one house.My grand mother got 70 cents land and she is still alive and is with us.

I lost my mom and my grand father 10 years back and my father is the only male to my grand father.

Now one of my fathers sister served lawyer notice claiming 1/6th of all properties on my father and grand mother name.

We have built house with the help of AP Housing board(govt org) in 1993 and at that time we gave NOC from tahalsildar stating that my father has full owenership of land.

My question is my fathers sister claim has any validity and also other two sisters of my father are ready to testify that they got their share at the time of their marriage.My grand mother is also on my side.Please let me know her validity of claim?



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 1 Replies

Kumar Doab (FIN)     18 August 2014

 

 

It is believed that the property was ancestral and you are Hindu and Hindu Succession Laws shall apply.

 

 

If the property in hands of Grandfather was fully his share or fully owned by him then after his death the succession has opened.

As posted by you the Grandfather has expired 10Y back implying in year 2004. Thus the succession has opened in 2004.

The married daughters have been brought at par with sons after amendment to Hindu Succession Act 2005.

According to you, after the death of grandfather the property has been portioned between wife (your Grandmother) and son (your father) of your grandfather.

After partition the status of property might have changed…………………… to Self Acquired.

The property of Grandmother and Father may now devolve upon their ClassI legal heirs.

Your paternal aunts are willing to testify in your favor.

 

However it shall be appropriate to consult a lawyer dealing in such/revenue matters with all docs on record and proceed under expert advice of your lawyer.


Valuable advice of learned experts/members is sought.


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