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Aravind (IT Consultant)     12 July 2012

Grandfather's property

My grandfather (deceased) had a house that we were living in for 8 years after he passed away. He had 2 sons and 4 daughters. 1 son (my uncle) has passed away and left behind 2 daughters. My brother and I are the other siblings. My dad (son) is handling the property matters now and handed it over to a builder to build 2 duplex houses and sell them.

One of my aunt (grandfather's daughter) is creating lot of trouble and wants the money immediately and is threatening to take legal action against my dad because when the papers were still on my grandfather's name and builder is delaying the process and my aunt thinks my dad is doing this.

My dad has spent all the money renovating the house 2-3 times since it was constructed in 1977. None of the other children offered to even help. He has been paying the property tax all these years. And now all the sisters want equal share but do not want to bear the costs that my dad paid all this time.

My questions are:

How much can a daughter claim? If she got married before the ruling happened in 1983 can they still claim?

What happens if the house is changed to grandchildren's names?



Learning

 3 Replies

Anish Thakur 7018812737 (advocate)     12 July 2012

dear arvind,

as per hindu succession amendment act daughters are equal share holder in parents property incuding dewelling house.exception is only if the house or partion is done before this amendment .

2ndly you have full authority and daughter can not demand anything from dwelling house if house is in present form and used for living purpose.once you are going to sale that daughters get right for there share .

rest is the question of  expenses spen by your father as Karta of that home can deduct all that from yhe joint property .

v.jayachandran (advocate)     12 July 2012

dear arvind, your grandfather has given enough dowry for your aunts at the time of marriage and whether your father and his brother had made all the alimony to their sisters till now, then file a case in court that they have given dowry at the time of marriage and till now all the alimony has been made to them till now, by filing this you can reduce their share in the property.

for further clarifications you can mail me

V.Jayachandra reddy, 9840878704

advocatechandrureddy@gmail.com

Aravind (IT Consultant)     13 July 2012

Thank you for the advice.


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