sisters claim in the property
censored
(Querist) 30 October 2010
This query is : Resolved
Dear sir,
my case is as follows
my grand father expired(1983) without giving any share to her daughters in the registered will
his daughters after his death(1984) in a separate legal document has renounced any claims in his property
now can they still ask for a claim in his property
(p.s : the property is currently the place where my grand fathers sons(dad along with uncles reside) .
thank you
R.Ramachandran
(Expert) 30 October 2010
When your grand father has left a will in favour of his sons, the property belongs to the sons only. The daughters have no claim whatsoever either then or now. The question of the daughters renouncing (in the year 1984) any claim in his property does not at all arise, especially when they have no right in the property.
s.subramanian
(Expert) 30 October 2010
You cannot make any such claims now.
censored
(Querist) 30 October 2010
but sir, the property of my grand father was inherited not self aquired,
so sir is the recent amendement of the property law where sister can claim an equal right in the father property not applicable here ??
censored
(Querist) 30 October 2010
thank you very much
R.Ramachandran ji
s.subramanian ji
Arihant
(Expert) 30 October 2010
Daughter of grand father can claim for share as per rule 2 of section 10 of hindu succession Act 1956
Devajyoti Barman
(Expert) 30 October 2010
But the daughters have already relinquished their share. So no such could be filed.
Arihant
(Expert) 30 October 2010
if she relinquished their share, then why question arise to claim ?
censored
(Querist) 30 October 2010
the question was asked as now they want a claim in the property
censored
(Querist) 30 October 2010
thank you Devajyoti Barman ji
thank you arihant ji
Arihant
(Expert) 30 October 2010
in what manner, she relinquished her share, oral or in written ?
R.Ramachandran
(Expert) 30 October 2010
Even if the property was inherited by your grand father, still the property will go as per your grand father's WILL. This is because, after the introduction of Hindu Succession Act, 1956, any person having an interest in coparcenary property when dies his interest in the coparcenary property will go either in accordance with testamentary document or by way of inheritance. In the instant case, since your grand father has left a testamentary disposition i.e. a WILL, the property will go on the basis of the WILL.
Kirti Kar Tripathi
(Expert) 30 October 2010
Whether there exist any will of your grand father, whether relinquishment of right was in writing, whether the property of your father was self acquired , in the absence of these facts the proper reply is not possible.
R.Ramachandran
(Expert) 30 October 2010
Dear Mr. Arihant,
According to you
"Daughter of grand father can claim for share as per rule 2 of section 10 of hindu succession Act 1956."
Rule 2 of Section 10 relates to distribution of intestate property amongst Class-I heirs.
But in the query it has been clearly stated that the grand father had left a registered WILL. Since already there is a registered WILL, the property will go by testamentary disposition AND IT IS NOT AN INTESTATE PROPERTY. So Rule 2 of Sectin 10 has no application at all in this case.
Sri Vijayan.A
(Expert) 05 November 2010
Yes, the sisters of ur dad cannot claim any right in the property
