shilpashetty (Shop Owner) 03 August 2018

Property-right-of-son or daughter-on-the-deceased-great grand father

GG1 – deceased Great grand father - died in 1966 GDD1 – deceased Daughter of GG1 - died in 1990 GDDD2 – deceased Daughter of GDD1 - died in 1999 M1 – Mother (alive) Daughter of GDDD2 S1 & D1 – Son & Daughter of M1 what is the property right of son or daughter on the deceased Great grand father. What will be share. They have 3 sons and 2 daughters. No Will was written by any one. It is self occupied property of GG1. Will it be any changes if it ancestor property. We know that the M1 receive the share, what about the S1 or D1 in this case. Kindly suggest.

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4 Replies

SOLOMON.RAJ (advocate/director) 04 August 2018

Miss Shilpa Shetty,

you have not mentioned if they area Hindu Undivided family ,Christians or Muslims.

Adv. Solomon Raj,
Attorney at Law,
Bharat Gaurav samman awardee 14
AICC National Legal Chairman.
email:rajcarey@yahoo.com
phn:9866545086

shilpashetty (Shop Owner) 04 August 2018

It is Hindu Undivided family, kindly suggest.

Aks 07 August 2018

If it is ancestral property (means not acquired by father), daughters DO NOT have any rights IF the father died before Sept 9,2005. In order to have any claim on ancestral property of father, BOTH daughter and father MUST BE alive on or after Sept 09,2005. The equal rights amendment of HIndu Succession act 2005 applies after Sept09,2005. IT IS NOT APPLICABLE RETROSPECTIVELY. Before sept09,2005, daughters ONLY have right to some maintenace expense if they are poor.

In HUF, women can not be co-parcener or Karta if HUF was formed before sept 2005. Sept09.2005 is the CRUCIAL date in this matter.