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Raj (system admin)     25 August 2014

child of a daughters property right over mothers parental pr

My grandfather purchased a property on around 1960 in maharashtra.they died on 1970, the legal heirs of my grandpa is his wife, two sons and one daughter His wife and daughter ( who married on 1965) died in 1980, so only the sons are heirs of the property, both the sons have 3 kids and the daughter whi died has 3 daughters, one of the son died on 2003. I heard that the girlswho married prior to ammendment of HSF act 1994 are not eligible for parental property rights. Is it true? Now my question can the childrens of daughter can ask for their mothers share in property, if it wasnt partitioned till date.


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 4 Replies

Kamlesh soni (helping legal advise)     26 August 2014

The girl who married prior to ammendment Of hsf act r eligible for parental property right under certain curcumstance..please go nearer advocate .. he just help u.

Arpit lalan (Legal Consultancy/Advocate)     26 August 2014

you need to be more detailed. under the transfer of property laws, again if will was made not made. so did he die intestate? please contact a lawyer areound. if not then reply back with all details.

Raj (system admin)     27 August 2014

Thanks to both of you Sir for your reply Let me be more specific on the issue My grandpaa died (around 1965) intestate. After that only my uncle's name was updated on 7/12 as a kutumbpramukh (head of family) as rest two(my father and my aunt) were minor) so in varas tapas register there are total three names (my uncle , my aunt and my father) Later on in 1980 my aunt (she is married and having 3 daughters) died.... there is no will neither partition has been taken place at the time of her death.. In 2014 my father asked for the partition, we were in process of the same and suddenly childerns of my aunt came and started demanding their moms share in the property I have heard that as per 1956 hindu succession act a daughter was not a coparcener by birth, and also if she is married prior to 1994 she will not hav property rights on her fathers property.. her heir's only get share in parental property of a daughyer if she would have alive at 2005 when the amendment has taken place By reading all these at Various place i just confuse over onr thing do my aunts childs have right in a property if their mom was died in 1980 prior to all this amendments of 1994 and 2005 in maharashtra???? Just for your info we are from maharashtra. awaiting for your feedback.Thanks in advance

saranya (trainee)     09 September 2014

your cousins does not have any rights in your grandpa property unless the WILL is made


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