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INTESTATE PROPERTY

(Querist) 21 October 2010 This query is : Resolved 
MY GRANDFATHER DISTRIBUTED HIS SELFEARNED IMMOVABLE PROPERTY AMONGST HIS 4 SONS BY REGISTERED PARTITIONDEED IN YEAR 1955 HE ALSO ADDED HIS RESPECTIV GRANDCHILDREN AS MINOR SONS ALONG WITH THEIR RESPECTIV FATHERS, BUT HE AVOIDED PUTTING HIS MINOR GRAND DAUGHTERS NAMES IN RESPECTIV PROPERTIES.IS IT A COPARCENERY PROPERTY? AND SINCE ALL FATHERS ARE EXPIRED INTESTATE CAN THEIR ELDER DAUGHTERS CLAIM NOW FOR RESPECTIV PROPERTIES.

THANKS
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Adv Archana Deshmukh (Expert) 21 October 2010

The partition cannot be challenged now as it took place in 1955, i.e. before the HSA came into force. However, the daughters can claim a share in their deceased father's property / share as his heirs.
Kirti Kar Tripathi (Expert) 21 October 2010
Adv. Archana is correct.
Devajyoti Barman (Expert) 21 October 2010
Yes. The granddaughters now have got their shares from their father, not from their randfather.
R.Ramachandran (Expert) 21 October 2010
Where is the property situated?
When did the father of the minor girls (now probably major) die?
Khaleel Ahmed Mohammed (Expert) 21 October 2010
Ms. Archana advised well.
adv. rajeev ( rajoo ) (Expert) 21 October 2010
I do agree with Archana.
s.subramanian (Expert) 24 October 2010
I agree.

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