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Harpreet (Owner)     09 November 2015

Share of daughters in property

ear Experts,

My query is regarding share of daughters in ancestral/parental property. My grandfather owned a self-acquired residential property in Haryana. He expired in 1986 intestate. He is survived by my grandmother, two daughters and two sons. My queries are:

  1. Who all are legal heirs of the residential property of my grandfather and how much share are do they inherit as legal heir of my grandfather.

  2. All legal heirs, except one son, have sold their share to one of the son. The son who is purchased most of the share of property after demolishing builds it afresh occupying the whole area. Is other son who hasn’t sold his share to his brother, legally eligible to ask his brother to vacate his share of land to build for himself?

Thank you.



Learning

 2 Replies

Kumar Doab (FIN)     09 November 2015

The property in question is self earned or ancestral or HUF? The succession opens on date of death of owner and rules on that date be pursued. The recent judgment of Supreme Court is for ancestral/HUF. Relate all facts when you contemplate on rights of daughters.

 

The son can certainly ask to vacate his share.

 

saravanan s (legal advisor)     09 November 2015

The grandmother and four children are all legal heirs and each of then are entitle for 1/5 th share.the other son who has not relinguished can claim his share by filing a partition suit


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