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V Subba Reddy T   24 April 2018

Daughter right in property

sir
my grandfather received house from my great grand father , he is having daughter and two sons , he died in the year 1972. he orally devided the house to his two sons, daughter died in 1975, now the daughters children can get any rights on this property

regards
venkat



Learning

 10 Replies

Phani Kumar. D (Advocate)     24 April 2018

Hi You have not mentioned your place. In Andhra Pradesh and Telangana State daughter will get equal right over the property.

R.Ramachandran (Advocate)     24 April 2018

Dear Mr.Subba Reddy:

Please give the following information.

1. How did your great grandfather got the property?  Did he purchase it?  If so in which year?

2. Instead of purchasing, if your great grandfather had got the property from his father, then in which year he got it?

3. In which year your great grandfather die? 

4. Whether your other brother is alive?  Whether he also admits that there was oral partition of the property?

 

Kumar Doab (FIN)     24 April 2018

Which personal law applies in your case?

Or are you all Hindu?

Who was 1st owner of property; say your great grandfather?

It is  Maternal or Paternal Great Grandmother?

How did property devolve upon him e.g; Is it self earned/acquired, or ancestral?

The said property is agricultural land, rural, Urban, or it is a building?

The property is in which state?

Have the deceased left any valid WILL?

Are all sons and daughters of Great grandfather alive?

Has Oral partition been proved?

Confirm!

V Subba Reddy T   25 April 2018

i am Hindu , this property purchased by my great grand father in the year 1886. He died in the year 1940(approx). This is house property given to my grand father in oral partation. All my grand father, brothers and sister died. my grand father lived in this house and orally partationed to his sons and died. the property document is in the name of the great grand father. now my father and his brother sold the house without taking
the signature of his sister and my signature.
I am the fourth generation of my great grand father , can I get any share in the house, and
my aunty children have any right on the house

R.Ramachandran (Advocate)     25 April 2018

From the facts revealed by you, the daughter or the children of the daughter are not entitled to any share from the property in question.

However, the two sons of your grandfather hold the property as ancestral property towards their sons/daughters.  Therefore, they could not have sold the entire property without the consent of their sons/daughters.

V Subba Reddy T   26 April 2018

in this case my father's brother not having children written a will for his share to his relative,
confirm , whether the will is valid or not.

R.Ramachandran (Advocate)     26 April 2018

What about his wife?  Whether she is alive?  Whether he has made arrangements for her maintenance or not?

R.Ramachandran (Advocate)     26 April 2018

What about his wife?  Whether she is alive?  Whether he has made arrangements for her maintenance or not?

V Subba Reddy T   26 April 2018

his wife died 20 years before his death

R.Ramachandran (Advocate)     27 April 2018

The will is valid.


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