Entitle/eligible

Simple

GrandFather & Grandmother of a girl(minor) having ancestral property in their name and Grandfather & Grandmother are alive, GIRL WAS BORNED AFTER DEATH OF HER FATHER and her mother alive. who will be ENTITLE / ELIGIBLE to get ancestral property . . . ? Only And only mother of Girl entitle...? OR Both ...
 
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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

Let's call the minor girl D. Here on the facts that you tell me presuming that the deceased father of D was the only son of his parents (let's call them FF and FM). Presuming the parties are hindu. FF and F (deceased father of D) constituted a coparcenory considering the property was ancestral. The moment D was conceieved she also became a coparcenor (equally entitled to the property with her father) Now when F dies. F's share of the property would go to his class 1 heirs i.e his daughter/widow and mother. Now since his share was 1/3rd - his 1/3rd would be divided equally among his widow/daughter/mother. Hence they get 1/9th each. Daughter since she is also a coparcenor would get her 1/3rd share intact + 1/9th as a heir to her father - i.e a total of 4/9 of the property. Grandfather has 1/3rd. Grandmother gets 1/9th. Widow of F gets 1/9th. 

 

 

Feel free to seek any clarifications !


Warm Regards

Bharat Chugh
Advocate
bharat.law06@gmail.com/9810553252

*Let Justice be done though the heavens fall !
 
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