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Prashant Taribagal   11 September 2017

Property distribution

Dear Team 
I have some query about property sharing with siblings, we have ancestor property at Karnataka on my Grandmothers Name which is divided among 4 siblings 2 aunties, 1 uncle and my father.

Need some idea about the shares of aunties which are born before 1956. As My Grandmother, has expired in Oct 2012 & my father has been expired in Jan 2012. 

kindly help to solve my question answer

Thanks and Regards

Prashant 

 

 



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 12 Replies

Kumar Doab (FIN)     11 September 2017

It is believed that you are all Hindu.

Confirm!

Kumar Doab (FIN)     11 September 2017

The property from mother’s (Hindu) side is not ancestral.

So why you have used the term ancestral for property owned by Grandmother is not understood.

Pls post basic facts on it.

Kumar Doab (FIN)     11 September 2017

In case of succession of property of Hindu woman the nature and source of property matters.

How and from whom grandmother acquired the property?

Confirm!

Kumar Doab (FIN)     11 September 2017

 

In case the nature of property in the hands of Hindu woman is:

- Absolute/self acquired-earned; 1st right is of husband (if alive as on date of death), sons and daughters (predeceased and alive as on date of death)……….

-acquired from parents; sons and daughters………………….and if none is present legal heirs of father.

- acquired from husband; sons and daughters………………….and if none is present legal heirs of husband.

 

Central Government Act

The Hindu Succession Act, 1956;3,4,5,6B,6C,14,15,16

https://indiankanoon.org/doc/685111/

Kumar Doab (FIN)     11 September 2017

 

What exactly do you want to establish by posting date of birth of daughters of your Paternal Grandmother?

Confirm!

Kumar Doab (FIN)     11 September 2017

Your Paternal Grandmother (title holder of the property in question) has died in Oct, 2012.

Your father has died in Jan, 2012.

The nature of property that devolves by inheritance is nature self acquired.

So the share that your father gets by inheritance from mother (even wife, father, brother etc ) is self acquired.

 

In case succession of property of Hindu Male: 1st right is of ClassI legal heirs ie. Mother (if alive as on date of death), Wife (if alive as on date of death), sons and daughters (predeceased and alive as on date of death)……….

 

Central Government Act

The Hindu Succession Act, 1956;8,9,10

https://indiankanoon.org/doc/685111/

Kumar Doab (FIN)     11 September 2017

 

Your father died before death of his mother.

So your grandmother shall get equal share from property/estate in the name your father, if your father had not disposed his property/estate in his life time by a valid/registered deed say; WILL.

 

If your paternal grandmother had not disposed her property/estate in his life time by a valid/registered deed say; WILL, then her shall property (her own+ she inherits from her parents/husband/sons-daughters-brothers-sisters etc etc) shall devolve as already posted above.

Siddharth Srivastava (Advocate)     11 September 2017

If the property is ancestral then the daughters have equal right of sharing after 9.9.2005 when the law was ammended. The date of birth of your aunties have nothing to do with their right of inheritance. Sidharth 9811776422

Prashant Taribagal   11 September 2017

Dear sirs Thanks a lot for your valuable time and suggestions Sorry for delay in reply We are Hindus. My late grand mother hold 9 gunta land property at native place ( situated in Karnataka ). That property is not yet divided till date. I have 2 aunties who born before 1956. Do they have rights to claim that property ? If yes, how much share they will be claim as per law Now my aunties wants to claim that property Please advice us. We will go through accordingly Thanks and regards Prashant

Prashant Taribagal   11 September 2017

Dear sirs Thanks a lot for your valuable time and suggestions Sorry for delay in reply We are Hindus. My late grand mother hold 9 gunta land property at native place ( situated in Karnataka ). That property is not yet divided till date. I have 2 aunties who born before 1956. Do they have rights to claim that property ? If yes, how much share they will be claim as per law Now my aunties wants to claim that property Please advice us. We will go through accordingly Thanks and regards Prashant

Kumar Doab (FIN)     11 September 2017

Your query has already been responded.

 

Kumar Doab (FIN)     11 September 2017

You are welcome.


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