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rekha221 (housewife)     12 July 2012

My grandmother -father-property right for elder daughters

Hi,

My grandmother had 100cents of land.In 2006my grandparents dead.  My father is the only  son of my grandparents (no sisters or brothers). He has another two daughters for a seperate relation. After my grandparents death he transferred all propertis to  (separate relation) other daughters without informing us (me and my sister, we are elder than other two daughters). Actually my grandma agreed me to give us her property share and my father also agreed verbally. Now we understand that even a single cents of land is not registerd for us. we are Hindus. what should we do for this situation. Pls advise me.

thanks.



Learning

 7 Replies

Adv Archana Deshmukh (Practicing Advocate)     12 July 2012

Legally speaking you cannot do anything........ Instead of verbally agreeing, if your grandmother had made a will and bequeathed the property to you,  then you would have a claim on it. But as your grandmother had died intestate, your father being  the only legal heir has every right to transfer it to anyone he wishes.

Anish Thakur 7018812737 (advocate)     12 July 2012

dear rekha,

as per hindu succession act 1956 every children even if they are from illigimate relationship are entitled for share in property .

here your father canot transfer the whole property to any of daughter only as this property is ancessotral one,the property will distrubute among you all four sisters.

will get equal share.

even if property is registered in some ones name ,you can file suit for your share and you ll get that definately

feel free to call on 9459321520

1 Like

Adv Archana Deshmukh (Practicing Advocate)     12 July 2012

I disagree with Anish Thakur. As the father had inherited the property from his mother, it is not at all an ancestral property.

2 Like

rekha221 (housewife)     12 July 2012

   
      The right accrued to a daughter in the ancestral property, by virtue of the Amendment  Act, 2005 is absolute, except in the circumstances provided in the amended Section-6.  The excepted categories to which new Section-6 is not applicable are two, namely, (1)  where the disposition or alienation including any partition which took place before 20-12-2004 and (2) where testamentary disposition of the property was made before 20-12-2004.

surjit singh (Assistant)     12 July 2012

Since from the above it appears that the quqrry is complete, the view given by Mr A Thakur is complete in itself. Here I may add that the hundu succession law demands that if someone inherits any property from higher in the line without any written will he is duty bound to pass on to the lower in the line in the same way he inherited, keeping his only part of share in thr property.

A V Vishal (Advocate)     12 July 2012

First of all the experts advising here should get the basics right. What is ancestral property ? Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner. The rights in ancestral property are determined per stripes and not per capita. This means that the share of each generation is first determined and the successive generations in turn sub divide what has been inherited by their respective predecessor.

 

What is not ancestral property ? Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. Property inherited by will and gift are not ancestral properties. Self acquired property on the other hand can become ancestral property only if it is thrown into the pool of ancestral properties and enjoyed in common. This is a matter to be determined on the facts and circumstances of the case.
 
I completely endorse the views of Archana, nothing more to be added to what she has opined.
1 Like

A V Vishal (Advocate)     13 July 2012

Dear querist, Please give complete details, don't confuse by giving information in bits and pieces, specify the relation properly viz whether paternal or maternal, gibing incomplete details will result in improper advises.


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