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bolo (NA)     22 July 2010

Query - land property

My grandfather owned a land in my native place, he had 2 son's and 2 daugther. One daugther is died and other is alive, she was married on 1962.

question

1. Can she move to court for getting the share in the property? what is her chances

2. One daugther who died, can her son get the share ?



Learning

 11 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     22 July 2010

both can get share

bolo (NA)     22 July 2010

what is the percentage of share they can get?

when was the law passed for equal shares in the property ? some one told it was passed in 80's so only who married after 80's will get the share, is it true ?

Bhartiya No. 1 (Nationalist)     22 July 2010

"My grandfather owned a land" if it is self acquired property, then it will go to both sons and daughters equally i.e. she can move court to get her share (1/4). and answer of 2nd question too is "Yes" .

It it is ancestral then whoever have got married before 1956, wil not get any share, those have married after that will get share  from the share of your grand father equally, i.e. total property will be divided in three equal share (gand father + 1st son + 2nd son) ur grand father will get 1/3 share .

Above is as per my knowledge, wait for the answers of experts.

Bhartiya No. 1 (Nationalist)     22 July 2010

Also, In this "It it is ancestral then whoever have got married before 1956, wil not get any share, those have married after that will get share  from the share of your grand father equally, i.e. total property will be divided in three equal share (gand father + 1st son + 2nd son) ur grand father will get 1/3 share ."  daughters do not get share in ancestral living houses, which is being used by generations for living purpose.

Please cross check with any good civil lawyer.

SANJEEV SRIVASTAVA (LAWYER)     22 July 2010

Ashutosh is right

1 Like

Bhartiya No. 1 (Nationalist)     22 July 2010

Thank u Snjeev sir, plz. correct me where ever u find me wrong.

bolo (NA)     22 July 2010

thanks for the reply.

question : one of the daugther is not live..will her son's get the share?

Bhartiya No. 1 (Nationalist)     23 July 2010

Yes they can claim their mother's share and has already replied above. Plz. cross theck thses things with ur civil lawyer.

G. ARAVINTHAN (Legal Consultant / Solicitor)     25 July 2010

ye the son of the deceased daughter can get share of his mother

Devesh A. Bhatia (Advocate)     26 July 2010

Please let us know the year of your grandfather's demise ( assuming he is no longer alive). Based on this we will have to see whether the limitation act will prevail in this situation. 

vimal charles (junior)     28 July 2010

the laws for succession for every relegion and caste is different. coparcenary or joint family property.. do u have a local joint family abolition act or something?? specify relegion and caste and state... 


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