Sukanta Dutta 12 June 2016

Mother died intestate- Division of property

My mother had purchased a property in the year 1999. I had a sister who got married in 1994 and passed away in 1998 leaving behind a son. That means the property purchased by my mother was after the demise of my sister. My mother also eventually died in 2004.My father passed away in 2006. Now my question is as the property has been purchased after demise of my sister and both my mother and sister passed away before 2005(I.e before the amendment of Hindu succession act 2005), whether my sister's son has any right on the property?

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7 Replies

Laxmi Kant Joshi (Advocate ) 12 June 2016

According to hindu succession act the son of your pre deceased sister has equal share with you in yours mother property .

saravanan s (legal advisor) 12 June 2016

The amendment you are talking about to is related to ancestral property and not for self aquired

Kumar Doab (FIN) 12 June 2016

Have you read the judgment?

Read it carefully.

As per your post the owner of the property is not your father but mother.

It is believed that you are Hindu.

The property of a female Hindu dying without WILL shall be distributed firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

Thus the son of predeceased daughter has right and share.

Kumar Doab (FIN) 12 June 2016

Repeated Query;

posted a new topic in Forum Mother died intestate- Division of property
asked a query in Experts Self acquired property of my mother-revised
asked a query in Experts Self aquired property of my mother
asked a query in Experts Nephew' share on property

Kumar Doab (FIN) 12 June 2016

You have been provided with correct impressions as per facts posted by you.

Then, Why are you repeating again and again:

https://www.lawyersclubindia.com/experts/Nephew-share-on-property-571921.asp

https://www.lawyersclubindia.com/experts/self-aquired-property-of-my-mother-602961.asp

https://www.lawyersclubindia.com/experts/self-acquired-property-of-my-mother-revised-602966.asp

Kumar Doab (FIN) 12 June 2016

Are you looking for soem wrong opinion for your satisfaction!

It shall be appropriate to engage an able counsel specializing in family/property/reveneu/civil matters and well versed with local laws and show all docs on record for a considered opinion.

You may have to pay a fee but you will get all docs and your inputs examined for a considered opinion.

Sukanta Dutta 12 June 2016

Ok. Got the clarification. By the way I have repeated the message as I have mentioned my sister as daughter erroneously twice. I have another question... My sister's husband is also alive and has married again. Does he have any share on the property of my parents?