Rachna jain (XYZ) 09 March 2015

Property sucession matter

Hello Expert lawyers

My Great grand father has left his property without any will. He is not alive . My father and my grand father is alive

My grand father has one daughter and two sons from one wife and she is not alive and one more son from another wife who is alive . I want to know that since my grand father will receive his share of interest from my great grand fathers property....can my father claim his share of interest in his grand fathers property i.e my great gand fathers property??? eventhough my grand father is not willing to divide his share that he will gain from his fathers property...can my father claim his share in it.

P.S : The matter is a dispute because of my step dadi not willing to give anything to his step sons..and my step dadi has taken alll signing authority powers from my dada...by proving my dada mentally of unsound mind as he suffers memory loss problem. Can my father claim any interest of share in his grand fathers property though his father is alive but all decision taking authority is with my dadi?

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4 Replies

saravanan s (legal advisor) 09 March 2015

if its still undivided then everyone who is within three generations from your grandfather becomes a coparcenar and they have interest in the said property.so even you have a share in it and you are eligible to file for a partition suit on the property to claim it.but anyhow to confirm what i said i request you to wait for other learned experts opinion.

Kumar Doab (FIN) 09 March 2015

The succession opens from the date of death of deceased owner.

Succession is decided by personal laws applicable to the deceased.....

It is believed that the deceased owner was Hindu and Hindu Succession Act is applicable.

Hindu Succession Act, 1955 (amended in 2005) provides equal share to married daughter.

The Central Act comes prevails from Date of its notification.

Prior to it State Act was in force.

In some states married daughters are not eligible for share in agricultural land.

You may go thru:

https://www.lawyersclubindia.com/forum/Married-daughter-rights-in-father-ancestral-agri-property-108106.asp#.VP1zldKqqko

You may show all docs on record pertaining to the property to an able local lawyer well versed with local/state laws/revenue-property-civil matters and proceed further under expert advise of your lawyer.

Rachna jain (XYZ) 09 March 2015

Dear experts ,

The property invloved is not agricultural land but a bunglow.

Rachna jain (XYZ) 09 March 2015

I want to know that if my grand father and step grand mother are not willing us to be a part of their share which they will inherit from their father's property...can v still claim our share in it ?