Ancestral property(if father died before hindu sucession act 1956. in my case 1943. still daughters have

madhu 14 February 2018

R.Ramachandran (Advocate) 14 February 2018

You have not indicated anything about your father. What is his position?

The grandfather that you are talking about is your paternal grandfather or maternal grandfather?

madhu 14 February 2018

the grand father is my paternal grandfather.and he has 10 acres of land. my father filed a case on my grand father for his half share on 1999. my father and grand father compramised in the court,my father takes 3 acres and leave remaing land to my grand father.

my mother filled a partition suit including me and my brother and sister for those 10 acres in 2001 after my grand father death against my father she included sisters of my grand father .we won the case and 10 acres of land divided into 4 shares.1 for my father and remaing for me and my brother and sister.

now sons of my grand father sisters claiming that their mothers have right by birth asking to divide property into 3 parts.one for my grand father and remaining for 2 sisters.

please help me on this

madhu 14 February 2018

the grand father is my paternal grandfather.and he has 10 acres of land. my father filed a case on my grand father for his half share on 1999. my father and grand father compramised in the court,my father takes 3 acres and leave remaing land to my grand father.

my mother filled a partition suit including me and my brother and sister for those 10 acres in 2001 after my grand father death against my father she included sisters of my grand father .we won the case and 10 acres of land divided into 4 shares.1 for my father and remaing for me and my brother and sister.

now sons of my grand father sisters claiming that their mothers have right by birth asking to divide property into 3 parts.one for my grand father and remaining for 2 sisters.

please help me on this

R.Ramachandran (Advocate) 14 February 2018

The details provided by you are totally confusing.

However, one thing is clear that the sisters of your grandfather (or the sons/daughters of the sisters of your grandfather) have no claim and cannot succeed.

madhu 14 February 2018

my father doesnot have any sisters or brothers. he is the only son of my grand father.

sons/daughters of the sisters of my grandfather claimg that their mother will get share along with my grandfather.

my grand father sisters asking shares . my father doesnot have any sisters.

madhu 14 February 2018

Thank you ramachandran sir for reply

madhu 14 February 2018

since my great grand father died in 1943 . i m expecting sisters of my grand father doesnot have any rights in my grand fathers property.

but my grand father sisters sons claiming that their mother have right by birth according to hindu succession act 2005,

still expecting some more peoples to share their openions.

thanks

madhu 14 February 2018

i m confused when reading hsa 1956. if you know any key points in my case please help me.

if you need any further details about my case i will provide you

thanks

Kumar Doab (FIN) 14 February 2018

You have pointed out Hindu Succession Act so IT is believed that you, your ancestors are/were all Hindu!

You have also posted that property is Land and in the name of your grandfather ;which is ancestral.

The grandfather is paternal or maternal.

The land is agricultural or rural/urban?

IT is in which state?

Who amongst ancestors was 1st owner; your grandfather or great grandfather (paternal/maternal)or……?

From 1st owner it is meant that the one who originally acquired/bought the land.

You may also indicate how the land was acquired say; from self earned funds or the land was say; given as Inaam/Award etc………………….and in that case T&C of such Inaanm/Award…!

What is date of death/month/year of death of 1st owner, then onwards …..?

Is your father alive?

Whether the said land was ever partitioned by registered partition deed?