K Karunakaran (Self) 02 August 2017

Property rights of grand son & grand daughter

The property belongs to grand father - both self-aquired and ancestral, the grand fathers' ancestral property was partitioned among his siblings and clearly settled during 1960's. Religion - Hindu.

Now, Grand father died in 2013 survived by wife and childrens. The grand father did not write any "will" and died without doing any partition among his children.

Grand father died after 9th september 2005, but one of his daughter died in 2000 long after marriage and children, the daughter died before the amendment - ie 9th september 2005.

Now, the question is "Do ( the grand daughter and grand son ) - the children of dead daughter has any rights over the grand fathers property? - Because the daughter died before the cut-off date and the father died after the cut-off date.

I hope my query is clear.

Many thanks to the forum members - who are educating the general public like me.

Thank you very much.

Regards.

KK Chettiar

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11 Replies

Kumar Doab (FIN) 02 August 2017

In case of self acquired property the 1st right is of CLassI legal heirs i.e.; Mother (if alive as on date of death), Wife (if alive as on date of death), sons,daughters,.........................heirs of predeceased son,daughter...........

1 Like

Susen Nath 02 August 2017

Pls see one place u write grand father died on 2005 and another place 2013. Which is correct first. Secondly Doab sir explain this matter. Be careful.

Advocate Bhartesh goyal (advocate) 02 August 2017

Agree with expert Kumar Doab.

1 Like

Kumar Doab (FIN) 02 August 2017

Thanks for agreeing Mr. Bhartesh Goyal.

Raveena Kataria (Advocate ) 02 August 2017

Hi, since the death of the grandfather took place after the amendment, the surviving daughters or grand-daughters (daughters of the deceased children) would be entitled to share in the ancestral property.

1 Like

K Karunakaran (Self) 03 August 2017

Hello Mr. Kumar Doab, Mr. Bharatesh Goyal and Ms Raveena thank you very much, thanks a lot for your replies.

Hello - Ms Susan Nath, Thank you very much for your reply, grand father died in 2013 only.

Kumar Doab (FIN) 03 August 2017

You are welcome.

Kumar Doab (FIN) 03 August 2017

If the property was partitioned/alienated by a valid/registered deed then it looses its ancestral charachter.

The partition seems to be before December 20, 2004, if there is no error in posting dates.

K Karunakaran (Self) 03 August 2017

Hello Kumar Doab, There is no error in posting dates. The grand father who died is near about 100 years old. The grand father and his brothers clearly settled themselves during 1960s. Once again thanks a lot sir.

Kumar Doab (FIN) 03 August 2017

If settlement was between Grandfather and his brothers by a valid/registered deed for ancestral property and property was alienated then nature of property should change to self acquired as already posted.

Thus grandfater's entire property ( self acquired + share from ancestral property) should be self acquired.

Daughters have equals share in self acquired property of father.