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vishal (NA)     20 December 2016

Minor rights in property sale

Hi,

I have one query regarding the property sold by grand monther and uncles. 

My grand father had 10 acres of land and after his death, property was sold by my  four uncles and grand mother before 40 years. At that time, my mother was minor.  

Now can my mother claim her rights in this property ? If yes, what is her share.



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 5 Replies

Kumar Doab (FIN)     20 December 2016

It is believed that you are Hindu.

Confirm!

Kumar Doab (FIN)     20 December 2016

The property at the hands of Grandfather at the time of death; was self earned/acquired or ancestral?

The properrty is agricultural or urban and in which state?

 

 

Kumar Doab (FIN)     20 December 2016

Generically speaking: In case of Hindu male dies without leaving a valid WILL and disposing his property in his life time : ClassI legal heirs i.e; Mother, wife, sons,daughters have equal share. 

vishal (NA)     20 December 2016

Yes Hindu and property was from ancestral. It is in Gujarat and agriculture land. 

 

 

Kumar Doab (FIN)     20 December 2016

 Hindu Succession (Amendment) Act, 2005:

Property alienated before December 20, 2004.

Father is not alive on September 9, 2005.

Hope your own counsel has examined all proeprty related documents and has confirmed that property is ancestral.

You may wait for the advise of  other members/experts.


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