Civil Procedure Code (CPC)

Hindu sucession act, 1956


Dear Sirs,

My grand father died intestate in the year 1970, leaving a wife, son and 2 daughters. My grandmother died in 1971.  My grandfather purchased a property in 1930 in his name through the monies given by his father.

my question is:  Whether the daughter (my mother) have equal right to this property, which was owned by my Grand Father. Before marraige my mother was living alongwith everyone in the property and after marraige she left the house. Now my uncle (mother brother) is living in the property, guess more than 70 years now.

Can I or my mother force a partition of this property ?, since my grandfather died intestate ? or will uncle be the sole owner of the property ?.. he has changed all the revenue records, electricty, water bills in his name and paying the same, since my grand father died.

what is my mother's position ?... I wish someone help me to understand my situation better with regard to this property.

 
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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

Dear Querist,

       As soon as your grandfather died intestate, the property came to be vested in your mother alongwith her siblings and mother in equal shares. She can get her share culled out at any time by a partition. The fact that her brother pays the bills and maintains property etc is of no consequence. 

 

Good Luck !

 

Bharat

www.bharatchugh.wordpress.com

 
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Dear Sir,

Someone told me that , the Legal position as far as Hindu Succession Act is concerned Prior to 1984 Amendment was that,  as per the then (1970) prevailing Hindu Succession Law, the property was purchased by my Grand Father( in 1930s) from the Income from the Ancestral Source, the property is of  Ancestral Origin and as per the then Hindu Succession Act only my Uncle inherits the whole of the property as a Joint Hindu Nucleus Property after the demise of my Grand Father in 1970.

I am realy confussed. Please Help

 

 

 

 
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Lawyer

What is date of birth of your mother.? 

 
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My Mother was born on 1948

 
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Lawyer

In my opinion your mother has no right in the property of your grand father. 

 
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Mr. Thukral,  can you please me more specific ?...what is the reason behind your opinion ?.. I will be greatful for your response

 
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Lawyer

considering even that the amendment act of 2005 hass retrospective effective , it will ralate back to the birth of female survivor.  If the female was born before 1956, when the HSA was enacted, it shall have no application to such a hindu female.

This is my opinion and is open for further suggestions.  

 
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Mr. Thukral,

Since the property was purchased by my grand father and who had died intestate, shouldnt my mother also becomes a part of Class 1 heir, who is qualified for 1 part of the share in the property ?  since my grand father died in 1970, doesnt my birth year becomes in material ?

what is your opinion on this ? I llok forward to hearing from you with great anticipation.

 

 
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sir,

 

partition is a birth right.. ur grand father may purchase the property by getting money from his father.. but the ultimate owner of the property is ur grand father. so after he die intestate all legal heirs have right to partition. 

 

ur uncle may change the revenue records and pay the rents on his name.. it means he taken adverse posession. any person who take adverse possession for morethan 12 years will be the owner of the property.. but the limitation act will not apply for partition suits. moreover you can take a ground that recently u come to know that the property is adversely possessed by your uncle..

 

hence u can file a partition suit in the court. be it open.. let see what reply ur uncle file.. he cannot sell the property r transfer without getting consent of all other legal heirs.. still it is good case to fight..

 

For more information and detailed discussion mail me to VIVEKINDIANLAW@YAHOO.COM because i am not a regular visitor of this website.

 
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