1st wife ancestral property

Your mother having predeceased the grandmother, the issue is that of inheritance of the latters property.Taking the property is absolutely vested in your late grandmother, provisions of Section 13(1)(a) read with those Rule 1 and 2 below Section 14 provides the answer.

13. General rules of succession in the case of female Hindus.—

(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 14—

(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband ;

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14. Order of succession and manner of distribution among heirs of a female Hindu.—The order of succession among the heirs referred to in section 13 shall be, and the distribution of the intestate’s property among those heirs shall take place according to the following rules, namely :—

Rule 1.—Among the heirs specified in sub-section (1) of section 13, those is one entry shall be preferred to those in any succeeding entry, and those including in the same entry shall take simultaneously.

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Rule 2.—If any son or daughter of the intestate had pre-deceased the intestate leaving his or her own children alive at the time of the intestate’s death, the children of such son or daughter shall take between them the share which such son or daughter would have taken if living at the intestate’s death.

The facts posted inform that the property has been devolved upon yourself and your aunt, being the legal heirs in terms of Section 13(1)(a). The property having been partitioned accordingly, the suit filed by your father is without any cause of action and is liable to be rejected in terms of Order VI, Rule 11, Civil Procedure Code  -

11. Rejection of plaint.— The plaint shall be rejected in the following cases:—

(a) where it does not disclose a cause of action;

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As such, you have the option to file IA before the Trial Court seeking that the Suit be rejected for want of cause of action.

Sir

My father says it's my grandfather ancestral property .My grandfather died in between 1955 to 1960

But my mother didn't get any share in her lifetime nor her name in revenue records

All revenue records were in my grandmother name since then from my grandfather death .

After  maternal grandfathers death his daughters, wife inherited it, each got equal share. Your mother inherited 1/3 rd share at that time. You inherited your mothers share, 2nd wife has no right over first wifes property. Contact advocate and approach civil court.

Your father or step mother has no right, interest, claim or title in the property devolved upon you from your grandmother 

Your aunt (mausi) has an equal share with you in the property 

1. Your father being one of the legal heirs of your deceased mother , he is entitled to a rightful share out of your mother's ahre out of her deceased fatgher's property. Her mother cannot take awaqy the entire property if the belonged to her deceased husband, your mother being one of the legal heirs of her father is entitled to one share out of her deceased father's proeprty.

2. If your father was not convicted for abeting suicide of your mother then he cannot be deprived of his right for a share out of your mother's share in that property.

3. Don't misread or misinterpret  law to your convenience. 

Your mother was entitled to a legitimate share out of her deceased father's properties. Her mother cannot claim rights over the entire properties, hence her claim for inheritance of the entire property is not maintainable.

The properties devolved on your grandfather's legal heirs namely his wife, and children.

Your mother being one of his legal heirs is entitled for a share in that property.

Therefore as your mother's one of the class I legal heirs, your father is entitled to one share equally at par with  you and your siblings. 

I had given my earlier reply basd upon the information provided that the grandfather had died in the 1950s, in all probability coming into force of the Hindu Succession Act, 1956. As such, only the grandmother had inherited lmited rights over the property which was stated to be ancestral. The limited rights.so inherited, has been rendered absolute with the coming into force of HSA with effect from 17th June 1956. 

In his subsequent posting the querist inform that the grandfather had expired between 1955 and 1960. Thus, it becomes a crucial question whether the grandfather dies after 17/06/1956. 

Anyhow, the father has already filed a suit for partition. What are the pleadings therein as to the date of death of the grandfather and whether the property was left intestate.  

This question relates to rights of the husband over his deceased wife's share in her parental properties.

As per Law of succession, if his deceased wife was entitled to any share out of her parents's properties and upon her intestate death, her own share or properties shall devolve on her own Class I legal heirs, her husband being one of rthe class I legal heirs, is entitled to a share out of his deceased wife's properties.

Hello,

I have analysed your query and I would like you to know that into Section 13 clause (1) of Hindu Succession Act, 1956 which provides general rules of succession in the case of female Hindu if there is self acquired property, then it should devolve as:

A)      Firstly, upon the children and husband of the deceased wife.

B)      Secondly, upon the heir of the husband

C)      Thirdly, upon the mother and father of the deceased

D)      Fourthly, upon the heirs of her father

E)       Lastly, upon heirs of her mother

Now, clause (2) of section 13 Hindu Succession Act, 1956 provides rules for property inherited by female Hindu from her ancestors, it provides that if a woman dies intestate and the property was inherited from her parents, it reverts back to her father’s heirs in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) and not to the heirs referred to in sub section (1).

In your case, you and your aunt are the legal heirs of your mother’s ancestral property alone and no other person be it your father or his second wife is entitled to a share. If there was a situation that the property of your mother was self acquired, in that situation your father would have been entitled to a share being one of the legal heir of his wife.

Reference case law: Revanasiddappa v. Mallikarjun and ors. (2011)

This Karnataka High Court judgement highlighted the specific rule regarding ancestral property inherited by a female from her ancestors. It stated that if a female dies intestate and the property was inherited from her parents, it reverts back to her parents’ heirs in the absence of children. This is ruled so that the notion that ancestral property retains its connection to the original source of inheritance.

Hope it solves your query.

Regards,

Parth Chawla