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Kunal (na)     03 October 2012

Grandson rights on ancesteral property after mother death

Hello, i am living in Punjab. I want to know that can i claim on my mother's ancestral property after her death.

Case is, My maternal grandfather owns ancestral property which he got from his father,
he has 4 children including my mother, 1 son 3 girls and all married.
my mother passed away 4 years ago, we never looked at her fathers property
i mean we never thought that we would get any share or we need any, before/after her death,
but at the time of her death most of maternal relatives start talking about the properties and claimed that my mother had
already transferred her share of property to his brother, well we didn't bother the thing at that hard time.
but they didn't cared that, that was not the any correct time to talk about properties or etc . after that they cut off all relations with us.


now few days back all our land records of Punjab state went online, so when i checked the records, i found that the all agriculture land is still owned by my grandfather.
there's not even a single piece from ancestral property which is owned by my uncle(mamaji).

now i want to know can i claim on her share or am i eligible for claiming her supposed share?

Is my father eligible for getting the share from that property ?


Can they now able to transfer the property from grandfather to my uncle (mamaji) without our consent, if they try to transfer the property in blood relation with 1 % registry fees, because it need Some Khursinama from patwaari in which patwaari draw the family tree on a paper, and that paper( khursinama) is needed by tehsildaar before sign the registery papers, and you need the girl child to be present at the time of registry. because the my mother is dead will they need us to stand there ? i mean will they need our permission ?

i just want to know the possibilities now, because she left no will.



Learning

 2 Replies

Kunal (na)     06 October 2012

The Hindu Succession (Amendment) Act, 2005 (39 of 2005) comes into force from 9th September, 2005.

excerpt from law

(3) Where a Hindu dies after the commencement of the Hindu Succession (Amendment) Act, 2005, his interest in the property of a Joint Hindu family governed by the Mitakshara law, shall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship, and the coparcenary property shall be deemed to have been divided as if a partition had taken place and,-

(a) the daughter is allotted the same share as is allotted to a son;

(b) the share of the pre-deceased son or a pre-deceased daughter, as they would have got had they been alive at the time of partition, shall be allotted to the surviving child of such pre-deceased son or of such pre-deceased daughter; and

(c) the share of the pre-deceased child of a pre-deceased son or of a pre-deceased daughter, as such child would have got had he or she been alive at the time of the partition, shall be allotted to the child of such pre-deceased child of the pre-deceased son or a pre-deceased daughter, as the case may be.

Explanation.- For the purposes of this sub-section, the interest of a Hindu Mitakshara coparcener shall be deemed to be the share in the property that would have been allotted to him if a partition of the property had taken place immediately before his death, irrespective of whether he was entitled to claim partition or not.

 

Now my question :
Is that clause (b) means that a son/daughter can claim his/her deceased mother's share from Grandparents.

and even (c) means grandchildern of deceased mother can claim too.

 

one News  : https://www.indianexpress.com/news/mother-died-before-act-passed-so-no-inheritance-share-for-son-high-court/847844

excerpt

Legal heirs cannot claim a mother’s share in her ancestral property is she died prior to enforcement of the Hindu Succession (Amendment) Act, 2005 that gives equal right of succession to daughters, the Bombay High Court has ruled. In the important ruling, the court recently held that equal rights of succession to daughters under the amended legislation cannot be applied retrospectively to daughters who expired before the Act was enforced.

 

can we assume from this judgement that any legal heirs of deceased mother who died after this amendment law can claim his/her mother's share from ancestral property ?

i also want to know that, what would be the share of husband in this type of case.

 

 

 

Kunal (na)     09 October 2012

i guess my question is not clear or some one not interested in answering ??


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