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Bhaskar (Manager)     09 July 2012

Legal heirs

Mr.A is having 5 children two sons and three daughters. Mr. A has acuired a property from his own earnings. Mr A. is expired and one of his daughter also expired. the property aquired by Mr.A. got shares by his two sons and other two daughters have relinquished their rights in wrinting. The grandson ( son of expired daughter) of Mr.A is claiming a share in the property of his grandfather. 

Sequence of transaction - Property aquired by A. during 1970. his daughters got married between 1980 to 1985. Mr.A. expired during 2006. porporty got shared by his two sons during 2007.

The question is whether the grandson of Mr. A ( son of the expired daughter) is having any right on the property.


 4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (     09 July 2012

Dear Querist,

The child of daughter would suceed in any case, notwithstanding the date of marriage of mother, and whether the daughter died after or before her father is also immaterial for the present purposes. 

Also understand that the relinquishment deed is to be registered for it to take effect even with respect to two daughters. 

Adv Archana Deshmukh (Practicing Advocate)     09 July 2012

The son of the deceased daughter is entitled to take the 1/5th share of his mother.

Advocate Bhartesh goyal (advocate)     09 July 2012

Yes,deceased daughter's son  has right to get 1/5 share in his grandfather's property.

Gorimaa..B (Law Student)     10 July 2012

yes deceased daughter's son has a right in the grandfather's  property.

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