grandfather's property to grandaughter

Your granny, aunt and father each have 1/3 share in the property. As your aunt have not transferred her share or legally relinquished her share in the property, she continues to be the co-owner.Your granny can sell her share to third party if she want. You cannot stop her. Try to resolve the matter amicably.

I agree with archana.  Your granny can sell her share only.

Jyotsna, it is an ancestral property and your granny cannot alienate entire property without your  and your sister's consent. As told by the experts above, she can sell only 1/3rd of the property. And she cant give it to anybody through will also. even if she does, you people can contest the same. Your aunt has to get 1/3rd of her share, too.

 Take legal action as advised. What will you do if she sells off and says she has spent all the money even if you hold court order? 

The problem in India is that we are too emotional. During their life time, the owners do nothing to see that their children don't fight after their death. They would not write a will, would not divide the property and other assets and leave the children to become enemies and fight till the bitter end. Cases abound where after the death of the father, children have usurped the property and thrown out the widowed mother out of the house or kept her as a maid. 

Daughters for a while looked after such poor souls. But, now the lure of money has turned them also into greedy ones.

pl. inform when u both married

if u married before 2004 , uhave no right on ancestral property after marriag.e.

if ur father , givr her share by WILL , then only u get your father share.

How the ownership of the property was changed to the name of your grandmother, father and aunt? There has to be some basis, document. It is not done just by making an application. The facts are too lose and sketchy to comment.

If a man dies intestate, the succession certificate is obtained by issuing notices to all the legal heirs through court. Who did it in this case? No court will grant S.C. without following this practice. 

Please give correct account of the happening.

Bhanu ji, If I am right, I think women have share in the ancestral property even when they got married before 2004.

 Section 23 of the Hindu Succession Act read as follows:

23. Special provision respecting dwelling houses

Where a Hindu intestate has left surviving him or her both male and female heirs specified in class I of the Schedule and his or her property includes a dwelling-house wholly occupied by members of his or her family, then, notwithstanding anything contained in this Act, the right of any such female heir to claim partition of the dwelling-house shall not arise until the male heirs choose to divide their respective shares therein; but the female heir shall be entitled to a right of residence therein:



PROVIDED that where such female heir is a daughter, she shall be entitled to a right of residence in the dwelling-house only if she is unmarried or has been deserted by or has separated from her husband or is a widow.

By the Amendment Act of 2005, the above Section was deleted and replaced by the follow:

6. Devolution of interest in coparcenary property.-(1) On and from the commencement of the Hindu Succession (Amendment) Act, 2005, in a Joint Hindu family governed by the Mitakshara law, the daughter of a coparcener shall,-

(a) by birth become a coparcener in her own right in the same manner as the son;

(b) have the same rights in the coparcenary property as she would have had if she had been a son;

I agree with Suchitra. Even before Amendment Act, 2005 daughters had equal right in share of deceased father in the joint stock property. So Jyotsna Ji, you and your Sisters very much have interest in shae of property belonging to your father.

One thing is not clear. Whether the house is ancestral one or built by your grnad father. If it was his own property, your father's share is 1/3rd i.e. equal with your Nanny and Aunt. Your Nanny is free to transfer her share in favour of your Aunt and similarly your Aunt can also dispose her share as per her wishes.

 I think before the amendment of 2005, a daughter married before 2005 had all rights in the property of her late father but not in the residential house under occupation of her brothers, except the right to stay there under certain situations.

Yes, Anil Sir, before 2005, she could not ask for partition of the residential house by herself. It was only when her brothers go for partition that she could excercise her right. But now, a daughter can initiate pertition of residential house.

Yes I agree with you Anilji. Section 23 of Hindu Succession Act stands deleted now.

My comments were limited to provisions of section 6 i.e. successor's right in deceased interest in a coparcenary property.

 Please advise.

Father died intestate leaving behind wife, 2 sons and 5 daughters. One son started living separately. He died leaving behind two sons. Three daughters are married.

The other son threw out the mother and the remaining two sisters who are mentally retarded and physically challenged. They have been given shelter, food and clothing by the eldest daughter. Mother also died recently.

In the name of property, father left behind only a residential flat which is valued at about Rs.50 lakhs and under the occupation of the younger son.

Who all can get a share in the father's property and how? Who can claim the share of physically challenged daughters? If succession certificate has to be applied for, to which court in Mumbai. They are living in Kandivali.

Anil ji, is the family belong to Hindu religion? I will have to think other things later.  :)