Querist :
Anonymous
(Querist) 24 September 2011
This query is : Resolved
Dear Sir, 1.My grand father had ancestral house. 2.He had a daughter who died in 1955 i.e. before commencement of Hindu Succession Act leaving behind three sons. 3.He had one son(my father)who expired in 2007 intestate. 4.My grand father expired in 1966 intestate and grand mother expired in 1989 leaving a will bequeathing a small part of the property to one of the three sons. 5.Now the sons of sister of my father are demanding 1/2 share in the property in addition to bequeathed part of the property being sons of predeased daughter as class one legal heir under Hindu Succession Act. QUERY :
1.Whether Hindu Succession Act will apply to the daughter who expired before 17.6. 1956 i.e.when HS Act came into force? 2.Whether claim her sons is aadmissible? 3.Afetr the death of my Grand Father in 1966 i.e.till 2010 (55 years) sons did not claim their share,whether any limitation will apply? 4.Will it make any difference if the property was self acquired property of my grand property? or joint Hindu family property? 5.Kindly differentiate between Ancestral property,Coparcenary property and Joint Hindu Family Property in particular when it comes to succession.
Kindly favour me with your early reply with case laws. Thanks.
R.Ramachandran
(Expert) 25 September 2011
Dear Anonymous,
If it was really an "ancestral" property in the hands of the Grand Father, then the daughter or her sons are not eligible for any share.
However, if the property was self-earned in the hands of the Grandfather, then the children (son(s) and daughter(s) of the pre-deceased daughter (even though she died prior to coming into force of HSA, 1956) will be entitled to inherit their share. They can claim their rightful share at any point of time.
prabhakar singh
(Expert) 25 September 2011
I agree with Mr. Ramachandran
Shastri J.K.
(Expert) 25 September 2011
I also agree with Mr. Ramachandran.
Shastri J.K.
(Expert) 25 September 2011
I also agree with Mr. Ramachandran.
Guest
(Expert) 27 September 2011
I too agree with Shri Ramachandran.
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