LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

vijay kawathe (MR)     03 March 2014

Can daughter's son & daughter can claim her share after deat

Dear Sir/ Madam,

Hope you are doing well.

My grandfather  died on 03/08/1994  & Grandmother 03/09/1997.

My father having 2 brother & 2 sister (1 sister died)

Hence succession opens on 03/08/1994.

But one of my aunt died on 01/01/2000. can her son & daughter claim her share in my grandfather property.

Currently , both of them claiming her right as per 2005 amendment.

Grandpa died in 1994, it is clear 1994 amendment applicable in our case.

But I am looking your assistance in case of aunt's right in grandfather property after her death.

I heard about one supreme court judgement that daughter's can't claim her share after her death.

Is this is correct? Can aunt's son & daughter claim her share?

Regards,

Vijay K

 

 

 

 

 

 

 

 

 

 



 2 Replies

adv.raghavan (Advocate,9444674980)     04 March 2014

Was partition of the properties done? If no ,they ( aunts legal heir) are eligible for a share,If partition done and if they are contesting the deed, you have a case.

vijay kawathe (MR)     04 March 2014

04 March 2014

Dear Sir,

Thanks for your valuable reply.

Our grandpa died in1994 & our land occupied by govt project in 2010. 

Till 2010,there is no partition.

After getting disbursement, everyone claiming their shares.

My aunt son & daughter added their names in 7/12 extract so that disbursement cheque issued on joint name.

As per supreme court judgement, Daughter legal heir can't claim after her share in father property after her death.

So addition of name 7/12 is also not legal & it was managed illigaly.

So can my father file case against both legal heir of my aunt.

Thanking you.

Regards,

Vijay K

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register