ancestral property
Querist :
Anonymous
(Querist) 23 November 2010
This query is : Resolved
Dear sir/madam,
My grandmother (mother's mother) is still alive and has some house property and fixed deposits on her name. My uncle's( my mother's younger brother's) expired in 1997(expired after having three children two male children and one female child) and 1993(expired before getting married) respectively. The property right now my grandmother is enjoying is being registered on my grandfather's name and is not available on her name. Only the fixed deposits are on her name. My mother has three more female siblings younger to her. One of female sibling expired in 1991(before getting married)and the other two are married. Now when my grandmother want's to give a share of property to her alive children (i.e my mother and my two other alive aunty's) my uncle widow registered a court case claiming that since all the property is on my grandfather's name, that property will belong only to the children of male child i.e her children.To what extent is this justified. How will the property be divided? What about the fixed deposits on my grandmother's. Will my uncle children have any right on fixed deposits?How much share would my mother get? please help me to know this?
R.Ramachandran
(Expert) 23 November 2010
You have to indicate the following important points before any view could be given.
(1) Whether the property was self-acquired by your grand father or ancestral.
(2) When did your grandfather die?
(3) Where is the immovable property situate?
Querist :
Anonymous
(Querist) 23 November 2010
Dear Mr.Ramachandran,
Thank u for the reply. The answers to your questions is as follows:
1) The property is self acquired by my grandfather.
2)My grandfather died in 1973.
3)The immovable property is situated in anantapur district of andhra pradesh.
R.Ramachandran
(Expert) 23 November 2010
If it is a self-acquired property of your grand father, then the same will go by way of inheritence in terms of Section 8 of the Hindu Succession Act, 1956. The property will be inherited by his Class-I heirs.
The Class-I heirs of your grand father are:
(i) son
(ii) daughter
(iii) widow (i.e. your grand mother)
(iv) son of pre-deceased son/daughter
(v) daughter of pre-deceased son/daughter
Your uncle's widow's claim that all the property would go to her son (i.e. grand son (through son) of your grand father) alone would get the entire property is NOT AT ALL CORRECT.
While every one stated above will get their shares in the property equally, the grand mother after getting such a share can give it to anybody during her life time either by way of Gift or by way of Will. THIS RULE WILL APPLY Both to her share in the property as well as the Fixed Deposits in her name.
In case she neither gives gift or makes a Will either for her property or for the Fixed Deposits, then the same will go by way inheritence in terms of Section 15 of the Hindu Succession Act, 1956.
Querist :
Anonymous
(Querist) 23 November 2010
Dear Mr.Ramachandran,
Thank u very much for the reply. Iam very grateful for your answer and guidance.
I want to make myself a little more clear regarding the fixed deposits on my grandmothers name.Can my uncle's widow claim right on the fixed deposits during the course of the court case of property? Will the court ask my grandmother to show all her fixed's also?Can my uncle widow or her children claim right on the fixed deposits when my grandmother is still alive?Please help.
R.Ramachandran
(Expert) 23 November 2010
No, fixed deposit is the personal property of your grand mother. The widow in question cannot ask for any share in it.
Querist :
Anonymous
(Querist) 26 November 2010
Dear Mr.subramaniam and Mr.Devajyothi Barman,
Can you expalin your yes a little briefly so that I can understand better.
