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Dhiru_1234 (Developer)     26 December 2016

Daughter's property right as per sep 2005 act

Does a married daughter have any rights on her father's property? My Grandfather had a property which is now on my GrandMothers name. Grandfather died nearly in 1980 and GrandMother died nearly in 1985. My Grandfather had 3 Son and 5 Daughter. 1) 1st Eldest daughter died in nearly 1957 before the property was buyed. There is one son and one daughter Alive of Eldest daughter. 2) 2nd Son died in nearly 1975. His Wife and two daughter are alive. 3) 3rd daughter died on 22 May 2003. Her one son died in July 2016 and another is alive. 4) 4th Son is alive and his one dauther and son is alive. 5) 5th Daughter is alive. As no child 6) 6th Daughter is alive. As one son and one daughter. 7) 7th Son is alive. Has two daughter 8) 8th Daughter is alive. As one son and one daughter. I want to know out of these all. As per the new sept 2005 property Act Whom will be the property divided. Will point 1 and point 3 also get property part or not. As in point 1 the eldest daughter had died before the property was buyed. So will they also have a party in proporty and in point 3, 3rd daughter died on 2003. ?


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 8 Replies

Kumar Doab (FIN)     26 December 2016

Which personal law applies in this case e.g; Hindu Succession Laws?

The property is self acquired/earned Or HUF/Joint/ancestral in the Hands of Grandfather?

How did it devolve to Grandmother alone, after death of Grandfather?

The property is agricultural or urban and is in which state?

 

 

 

Dhiru_1234 (Developer)     26 December 2016

Thanks for reply,
 

This property is a residency Plot in small town in Maharashtra,
It was on my grandmothers name , my grandfather had purchased it.

yes by Hindu Succession Law. whom will be the property divided.

 

Kumar Doab (FIN)     26 December 2016

You have posted that:

"This property is a residency Plot in small town in Maharashtra, It was on my grandmothers name , my grandfather had purchased it. yes by Hindu Succession Law. whom will be the property divided."

The grandmother was title holder and owner. It was her absoloute property.

The property from Mother's side is not ancestral.In property of Hindu woman: husband and sons and daughters have equal share.

 

 

Dhiru_1234 (Developer)     26 December 2016

Will the, 1st Eldest daughter , she died in nearly 1957 before the property was buyed will there sons/daughter also get the share .?
As the property was buyed after he death


 

Kumar Doab (FIN)     27 December 2016

The children of pre deceased son or daughter have share (out of share of pre deceased son or daughter)
 
The share of pre deceased daughter shall be shraed equally by them.

Kumar Doab (FIN)     27 December 2016

 

 
Central Government Act
The Hindu Succession Act, 1956

15. General rules of succession in the case of female Hindus.—

(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
 
https://indiankanoon.org/doc/685111/
 

AEQUITASJURIS LAW FIRM   28 December 2016

If the property was in your grand father name if he dies  before sept 2005 , As per hindu succession Act 2005 only sons are entiles their share in the property,Daughters will not get any share in the grand fathers property. 

Kumar Doab (FIN)     28 December 2016

The grandmother was title holder and owner. It was her absolute property. The property from Mother's side is not ancestral.

Married daughters also have equals share in self acquired property of Father, although this property as in the query is not of father.


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