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Vikas Srivatsav (Software Engineer)     11 July 2012

Property

Hi,

Myself Vikas Srivatsav.I am 26 yrs now. i have query regarding property partition. Actually my grand father has many assests. He passes away in 1987. he has 3 sons & 4 daughters and a wife.All daughters are married now.Now there is clash between my dad (who is elder then all). After my grand father passed away all properties is registered in the name of my grand mother.

i have following queries...

1. Is daughters are also eligible for share in the Property?

2. And can my grand ma sale the property without my father and my signature?

3. If she makes a will can i challenge in the court as it is my grand pa's assests?



 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     11 July 2012

The 3 sons, 4 daughters and your grandmother all are entitled to equal share in the property of your grandfather.

The signature of your father and the other children is required, if your grandmother wants to sell the property. Your sign is not reqd.

She can make a will in respect of her 1/8th share.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     11 July 2012

At the time of your grandfather's death in absence of a will, the property got vested in all legal heirs to the extent of 1/8th each, within your father's 1/8th you and your siblings (if any) share equally. Grandmother cannot sell the entire property unless all concur with the sale. Since now the property is ancestral in your hands - grandmother cannot sell your 1/16th share of the property without consent. 

Vikas Srivatsav (Software Engineer)     12 July 2012

All 4 daughters are married. As per my knowledge there is a law which states " the daughters who are married after 1994 July 30 wil get a share. The daughters who got married before this date will not get any share" Is this correct.

As it is ancestoral property,Do grand children has more rights then grand ma and their children?


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