Right to Grandmother’s (father’s mother) property
dhanraj_____
(Querist) 27 August 2009
This query is : Resolved
B.B.R.Goud.
(Expert) 27 August 2009
yes, definitely you can get your legal share of the ancestor's property.
here the property was purchased by grand father on the name of his wife, though she was not an employee or not having any earning of her own and not gifted.
without having earning or her own property or estate or gift from him, only because of purchasing on her name, she shall never have a right to dispose it.
you can approach a good and suitable lawyer in your reach.
A. A. JOSE
(Expert) 27 August 2009
Yes, I agree with Mr.Goud's view.
dhanraj_____
(Querist) 28 August 2009
Mr. Goud and Jose,
Thanks for your replies.
dhanraj_____
(Querist) 28 August 2009
How Hindu Succession ACT 1956 section 14 is going to affect this case which states as follows:
14.Property of a female Hindu to be her absolute property. (1)Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner.
Explanation.-In this sub-section, " property " includes both movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this Act.
(2) Nothing contained in sub-section (1) shall apply to any pro- perty acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property.
G. ARAVINTHAN
(Expert) 02 September 2009
you need to project the case as if the house is a part of ancestral property as the same was bought arising out, after selling a ancestral property.
You can also prove that property was not inherited to her by great grand father with the help of the sale deed ...
