Manjunath.N Manju 28 March 2018

property rights to their daughter

Dear sir,

Totally 8 children's to my grandparents, in which 4 sons and 4 daughters. All 4 daughters have married and now both my grandparents are not alive. My grandparents have made some wealth, my question is does all properties made by grandparents are now sole property of only sons? or is there any rule that even the daughters should also get the rights for some of those? In what percentage.

Now all the incomes from wealth made by grandparents are enjoyed by sons itself. And grandparents have not made any will. If we go to court for the justice,will we get justice?

Under what rule we can go ahead if we try to do so.

Your suggestion would help us a lot.

Thanks,
Vinod

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8 Replies

R.Ramachandran (Advocate) 28 March 2018

Your facts are not clear.

1. To which State you belong.

2. Whether the properties/wealth of your grandparents are their self-acquired or they got it from their father etc.?

3. If they got it from their father etc., then in which year they got it?

4. In which year did your grand parents die?

5. Who expired first - Grandfather or Grandmother?

6. For you, the grandparents are Maternal or Paternal?

The above are the minimum information required to start with.

Manjunath.N Manju 28 March 2018

Dear sir,

Acknowlede with thanks for your valuable reply.

I would wish to give you a point wise reply.

1. I belong to karnataka state.

2. The properties are all self acquired by my grandfather.

3. All properties are self acquired by grandfather.

4. In the year 2009 grandfather passed away. In 2014 grandmother passed away.

5. Grandfather expired first.

6. For me grandparents are maternal.

Thanks n regards.

R.Ramachandran (Advocate) 28 March 2018

When your grandfather died (without making any WILL), all his legal heirs i.e. his widow (your grandmother), all his four sons and four daughters (whether married or unmarried) have equal share in all the properties (whether movable or immovable) that he had left behind.

This means, that all of you will have 1/9th share without any discrimination or exclusion.

After the death of your grandmother (in the absence of any WILL by her), her share 1/9th will go equally to all the four sons and four daughters.

Now no share has been given to anybody so far, it can be straight away stated that all the four sons and four daughters will have equal rights. Therefore all will get 1/8th share.

For the rights of the daughters, they have to approach the Court of law and seek partition. For this, they have to first approach a lawyer well versed in property law discuss the matter in detail with him and then take appropriate steps without wasting any further time.

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Manjunath.N Manju 28 March 2018

Dear sir, Thank you very much for your valuable feedback. I shall consult well versed lawyer and revert back to you. Thank you very much. 👍

Manjunath.N Manju 28 March 2018

Dear sir,

Forgot to mention that all documents related to property is with sons. We do not have any. How to go about.

If we try to ask them for documents they will not give us.

R.Ramachandran (Advocate) 29 March 2018

Even without document you can file a case. Your lawyer know that.

The case has to be filed by the affected daughters.

Manjunath.N Manju 29 March 2018

Dear sir, Thank you for your prompt reply. It helped me a lot and now I am confident enough to lodge a case. Thanks & regards

Manjunath.N Manju 01 April 2018

Dear sir, As per our previous conversation, I have found a good lawyer subject matter expert in Bangalore. Effected daughters have lodged a case against them. Lawyer initiated us that a notice will be issued from his side to all four sons initially.