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chowdary chow (asd)     08 September 2014

Ancestral property

my grandfather has bought 2 acres of land. he has 2 daughters and 1 son (my father). No will is return by him. Both my grandfather and father were passed away. please clarify me on below doubts.

1) my grandmom and their 2 daughters are alive. who will have rights on that property?.

2)After my granmom and 2 daughters life time. will myself as grandson will have sole rights on that property?



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 1 Replies

Kumar Doab (FIN)     08 September 2014

The succession shall be decided by personal laws applicable to the deceased owner of the estate e.g. Hindu, Muslim, Christian………………………………………What was the faith of deceased?

The land is agricultural or not?

You are a female or male?

Believing that the deceased was Hindu, the land was not agricultural, land was self acquired and not ancestral, you are male………………………and that deceased has not left any WILL………………….and succession has opened after amendment to Hindu Succession Act 2005…………………

The grandfather’s property shall be divided equally in four parts and your father shall inherit 1/4th share. Your fathers share can devolve upon you and other legal heir of your father.

The grandmother has acquired the property from her husband and in such case her share shall devolve upon legal heir of her husband…………………..

 2 paternal aunts have acquired the property from their father and in such case their share shall devolve upon legal heir of their father…………………………..

If you are the only legal heir in this lineage then you may succeed.

It shall be appropriate to show all docs on record to a local lawyer well versed with local state laws/such/revenue/civil matters.

 

 

 Hence you may consult your lawyer in person.


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