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Guru   27 May 2019

Rights on property of the ancestors

Hello Experts,

I want to understand what rights does the Ancestors of a deceased person can have on the property. My Grandfather had a sister and after her death her sons added their and their daughters names on the family land of my Grandfather. I want to understand if this is legal and by what Act and if it is not legal what legal action can be taken.

Thanks

Guru



Learning

 5 Replies

Anish Thakur 7018812737 (advocate)     27 May 2019

Dear after amendement in year 2005 in hindu sucession act , the daughters also got the right in the ancestral property .

The unpartitioned land if partitioned after 2005 , daughters got equal right. If your grand father died after year 2005 and the land was unpoartitioned, his sister and her daughters have right over the property. Thechildren of your grand father's sister will get only share to the extent of their mother share.

Guru   27 May 2019

Dear Anish,

Thanks for your quick respond. The Land is not partitioned and my Grandpa died before 2005, do they still have rights on the propery..?

Regards

Guru.

Shashi Dhara   27 May 2019

If it is ancestral or self acquired property of Ur great grand father then when Ur great grand father deceased.if he died before 1955 if Ur gf is sole successor at that time. So it doesn't arises that Ur gf sisters doesn't acquire .

Shashi Dhara   27 May 2019

Ur great grand father is deceased before Hindu succession act came into force.

Guru   28 May 2019

Hello Experts,

Let me re-phrase the question so that it will be more clear.

My Grandpa expired before 2005, he had one sister who was also expired before 2005. After some 12 years after the death of my Grandpa's sister their sons added their and their daughters names on the family land of my Grandfather. I want to understand if adding these names are legal and if it is illegal then what legal action can be taken.

Thanks

Guru


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