Sam (Mr) 29 March 2014

Legal rights of daughters on fathers self acquired property

Hi,

My name is Sampath and residing in Vyzag, Andhra Pradesh. I have a query regarding my grand father property and rights of my aunt's and my father on the same. Below are the complete details of my family hierarchy and property details.

Our's is a Hindu family. My grand father has 5 daughters and 1 son. My father is 5th child of my grand father. All elder sisters of my father got married before 1960 and my father younger sister got married in 1972. My father got married in 1975. After marriage of all elder sisters of my father, my grand father bought a new property in 1966. My grand father didn't write any will on this property. As all my aunts got married, they left the town and only my father is residing in the property. 3rd & 4th elder sisters of my father died in 2001 and 1st elder sister of my father died in 2008. Now, i would like to know whether my alive aunts and/or sons of passed away aunts will have any right on this property or not. Also, in either of the case i would like to understand the share of my father in this property.

Request you to let me know if you need more information on this. Thanks in advance.

Regards,

Sampath.

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2 Replies

T. Kalaiselvan, Advocate (Advocate) 29 March 2014

Under the given circumstances, presumably your grandmother also died, the said property will be divided into six equal shares, and your father who is entitled to one such share can inherit/acquire his share. The legal heirs of deceased daughters of your grandfather will be entitled to one such share of the deceased daughter besides other living daughters will be entitled to their respective 1/6th share in the intestate property.

arjun k (t) 03 September 2014

i want to know about how to file a partition suit. my father died one year back. my mother is there,and we are 3 daughters and 2 son's of my father , as my father's legal heirs. it's all my father's hard earned property, which my mother my younger sister are trying to make it their own- is it possible for them to make it in their name, now firstly they are trying to make it into my mother's name and then my mother will transfer into younger sister's name that's their plan. Out of my 2 brother's one brother is dead , leaving back his wife and 3 small children. Will all of us have equal rights in my father's property or will my mother and younger sister decieve us.? what to do to go for a partition ?? please this all and also please tell me how to file a partition suit and what are the procedures and what all documents should be there to suit partition ???