Right of doughter on father's/grand father's property.
upendra ghanekar
(Querist) 29 July 2009
This query is : Resolved
Grand father of my wife had a acquired residential property. Sfter his demise, the property was transforred to my wife's father. He and his wife died 20 years and 4 years back respectively without making will.
My wife has two elder sisters and one elder brother.
What is her right on this residential property and how should she move ahead for claim.
Please advise.
Upendra.
Y V Vishweshwar Rao
(Expert) 29 July 2009
She can claim her 25 % share by partition of the property or by receiving the Value of her Sahre in the Proerty - or by issuing a Demand Notice for partitionand Separate Possession and by filing a suit for partition !
Khaleel Ahmed
(Expert) 29 July 2009
Dear Upendra,
Your wife have equal right among the other share holders.She will get 1/4th of the property left by her father.
Deekshitulu.V.S.R
(Expert) 29 July 2009
Sorry I am different opinion.
The grand father died, and the property came to your wife's father. Then would it not become ancestral in the hands of your wife's father and your wife, her sisters and one brother. In that case in view of the recent amendment to Hindu succession Act, the property is to be notionally partitioned between, the father, three daughters and a son. Then each will get 1/5th in it. since the father died intestate, so also the mother, then his 1/5th share in the property will again devolve on the three sisters, a brother.
That is to say 1/4th of 1/5th. That is 1/20 each.
Hence clubbing 1/5th plus 1/20th as arrived above your wife must get 5/20th that is to say 1/4th. This is how it is to be worked out. The working would be different had the mother been alive, In that case the 1/5th gets divided into 5 shares, in which event your wife will get another 1/25th. Thus her total share would be 1/5th + 1/25th= 6/25th.
Calculation cannot be made based as if the property is the self acquired property of the father.
So go ahead with the suit and seek partition
Y V Vishweshwar Rao
(Expert) 29 July 2009
I agree with Sri Deekshithulu garu Sr-advocate
Since both- father and mother not alive the Four- three sisters and Son - are entitled to equally share the proerty at 25 % each share !
Kiran Kumar
(Expert) 29 July 2009
gr8 job done Mr. Deekshitulu.
u ve good command on Hindu law.
