Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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kishore kumar   29 June 2022

share of grand daughter from grand father's property

A father married to another woman when first wife died. Can married daughter of first wife claim her share in her grand father's property? (grand father is no more) Second wife's children getting property from father but, father not interested to give share to his first wife's daughter.
Is there any law or rule for such partiality?
Thanks


Learning

 10 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     29 June 2022

first wife married daughter also have rights over her grand father's property
1 Like

G.L.N. Prasad (Retired employee.)     29 June 2022

Contact a local advocate as to how the GF had acquired and as to the way the father received the property from his GF.  A man marrying after the death of his first wife has never committed any offense and the wife is legally wedded.  Once the daughter is married, the father has to take care of other children in his custody younger in age and their needs for giving him education and other responsibilities.

kishore kumar   29 June 2022

Thanks a lot for your valuable information Sir. father got said property from his father as legal heir. daughter got married and father starts ignoring her. please advise. thanks Sir.

Kishor Mehta (CEO)     29 June 2022

If the father has died intestate then the daughter, from the first marriage, can claim her share in his property.. In case of the father having made a legal WILL, then his property has to be distributed as per the WILL. Property left by the grandfather is not an ancestral property.

1 Like

kishore kumar   29 June 2022

Father is alive, presently property is using by second mother and her children. grandfather died without any will. father got his property from his father as legal heir.
Question is- (Father not earned said property ) can daughter claim her share in said property or father have right to decide whether any share of property give to daughter or not ?

Anila Sabu   29 June 2022

Dear Querist,

Yes, according to the law, a married daughter has a full legal right to request a piece of her father's estate.

According to the law, sons and daughters alike are entitled to equal parts of the estate. If it was your grandfather's property that he self-acquired, there is nothing you can do about it; however, if it was family property, you can sue your father in a partition action.

SHIRISH PAWAR, 7738990900 (Advocate)     29 June 2022

Hello,

The property became the self-acquired property of your father after the transfer of property in the name of your father. He can transfer the property as per his wish. Further married daughters have the right to the father's property. 

G.L.N. Prasad (Retired employee.)     29 June 2022

and also the dowry given, amount spent as marriage expenses, pregnancies, such presents given has to be considered as part of her share amount.  Normally the elder daughter's marriage is celebrated as a gala event, as it is the first wedding in the house.

Dr J C Vashista (Advocate)     30 June 2022

Grand-daughter (married or unmarried) has her share, claim, right and interest in the intestate property. 

kishore kumar   01 July 2022

respected Forum Members, Many Thanks for your valuable and important information. Thanks Again.

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