Self acquired property of my mother-revised
Sukanta Dutta
(Querist) 11 June 2016
This query is : Resolved
My mother had purchased a property in the year 1999. Later my mother passed away in the year 2004. I had a sister who had also died long ago in the year 1997 i.e the property acquired after demise of my daughter.My sister had left behind a son at the time of her death. Now my question is whether my sister's son has any right on the self aquired property of my mother? I have came to know that recently supreme court has opined that both parent and daughter has to be alove at the time of ammendment of hindu succession act 2005 to have any rights on the property. Pls advise
Sorry for wrongly mentioning my sister as daughter.
Kumar Doab
(Expert) 11 June 2016
Have you read the judgment?
Read it carefully.
As per your post the owner of the property is not your father but mother.
It is believed that you are Hindu.
The property of a female Hindu dying without WILL shall be distributed firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
Thus the son of predeceased daughter has right and share.
Kumar Doab
(Expert) 12 June 2016
Repeated at:
http://www.lawyersclubindia.com/forum/mother-died-intestate-division-of-property-138322.asp
Kumar Doab
(Expert) 12 June 2016
Repeated at;
http://www.lawyersclubindia.com/experts/Nephew-share-on-property-571921.asp
http://www.lawyersclubindia.com/experts/self-aquired-property-of-my-mother-602961.asp
http://www.lawyersclubindia.com/experts/self-acquired-property-of-my-mother-revised-602966.asp
Kumar Doab
(Expert) 12 June 2016
You have been provided with impressions as per facts posted by you.
Then, Why are you repeating again and again!
Are you looking for some wrong opinion for your satisfaction!
It shall be appropriate to engage an able counsel specializing in family/property/revenue/civil matters and well versed with local laws and show all docs on record for a considered opinion.
You may have to pay a fee but you will get all docs and your inputs examined for a considered opinion.
