Right of daughter in father's self acquired property who died before 1956

Querist : Anonymous (Querist) 21 March 2011 This query is : Resolved
A lady's (Savita) father (Bholu) made money before 1956 and purchased properties. Bholu died in 1950. Bholu had one son and one daughter (Savita) (died in 1945).

So at the time of his death, there was a son (Bhiku) , a widow (Sita) and sons of the pre deceased daughter (Savita).

Widow (Sita) died in 1960.

Please inform whether son's of pre-deceased daughter (Savita) will get share from the property of her father(Bholu). Similarly, whether they are entitled to share in the property of the lady's mother(Sita).

The property is in the possession of the son (Bhiku) and his sons & grand sons. So far partition of the property has not been done.

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R.Ramachandran (Expert) 21 March 2011
Yes, the sons and daughters of pre-deceased daughter Savita would be entitled to equal share [i.e. equal share from out of the 1/3rd share in the property of the deceased Bholu] and [from out of the 1/2 share of 1/3rd share of mother (SITA) of Savita].
You can ask for your maternal uncle Mr. Bhiku to do the partition. In case he refuses, then you can approach the appropriate Court of law.

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