Self acquired property
arun
(Querist) 25 November 2011
This query is : Resolved
my father bought 1 acre land 20 years back.he died in 2004 without making any WILL, at that time his mother was alive and she died in 2007. We are hindu family. my fathers sister(aunty) is married and now she is asking for her share in my fathers property. As per Hindu property law, will she have any authority to ask share in my fathers property?
regards
please reply
Kiran Kumar
(Expert) 25 November 2011
No she is not having any right in your father's self acquired property.
V R SHROFF
(Expert) 25 November 2011
YES
As died intestate, sec 10 of Hindu Succession Act 1956 apply.
Rule 2. " The surviving sons and daughters and the mother of the deceased shall each take one share"
Your aunty [ father's sister, being daughter of your grand mother] have right, and can lawfully claim it.
Rx. Compromise and pay something to her before Land Price soars up, that may pinch you, or she may not allow you to develop, or sell to builders, and demand many fold at that time under instigation of her sons.
Adv Shroff
Rajeev Kumar
(Expert) 25 November 2011
Yes i do agree with experts
R.Ramachandran
(Expert) 25 November 2011
Dear Mr. Arun,
Mr. V.R.Shroff has given you a correct answer.
When your father died in the year 2004, the property will go by way of inheritance to his legal heirs. His mother (who died in 2007) was one of the legal heirs.
Thus, his mother would have got some share. Since your grand mother has not left any WILL, then her share will go by way of inheritance to her legal heirs. One of her legal heirs is your Aunt. Therefore, your Aunt will get a share from the property (i.e. share your grand mother got by way of inheritance from your father) of your grand mother.
Raj Kumar Makkad
(Expert) 25 November 2011
I completely agree with Shroff and seconded by Ramachandran.
prabhakar singh
(Expert) 26 November 2011
I agree with common view assented by all.
Sailesh Kumar Shah
(Expert) 27 November 2011
I agree with common view assented by all except Mr.sheikh's opinion.
I would also like to say that if land situated at UP, whole story would be differ.
Arun Kumar Bhagat
(Expert) 01 January 2012
I agree with common view assented by all except Mr. Kiran Kumar, universal copyrighter Mr. M.Sheik Mohammed Ali & Rajeev Kumar. I am astonished to see the view of Mr. Singh conceding with all.
