Somu_Ji_2608 (.......) 30 June 2011

Share in Grand Father's house built out of Ancestral wealth

Could anyone help me to understand my share in my deceased Grand Father's House built out of ancestral house ?

Facts:

1. House was build by my Gransfather out of Ancestral wealth ( Sale of lans alloted in India/Pakistan partition).

2. My Grand father died in Nov 1993 without leaving any registered will. Grandmother also died in June 2005

3. My father also died in April 2003.I also have 2 paternal uncles( Cahcha) besides my father & 3 paternal Aunties(Bua), and out of them 1 pater uncle( Chacha) & 1 paternal aunty( Bua) also died

4. I have possession of ground floor two room out of three and first floor is occupied by my 1st cousine.

5. I have 4 sisters besides me.

Now I want to know if this house is sold say for 60 Lacs, how much share I am legally entitled as per HSA and whether HSA ammendments effected 9/9/2005 entiteling daughters to get share would also applicable to this property ?

I am ready to meet and engage good council to deal with this matter.

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4 Replies

Bharatkumar (ADVOCATE ) 30 June 2011

After your grand father and grand mother died 6 person right in this property (your father + 2 uncle + 3 bua) each same share. If each share r 16.66% in this property so your father share is only 16.66% and u r 5 sister (16.66 / 5 = 3.332) so each share 3.332 in this property so your right in this property is only 3.332 share, so Rs.1,99,920/- only in your part.

SACHIN AGARWAL (ADVOCATE) 01 July 2011

I agree with Mr. Bharat Kumar.

Poornima D (Lawyer) 07 July 2011

Dear Client,

Since you are a hindu, you will be governed by section10 of the Hindu Succession Act,1955. And by applying the said section to your case, the above mentioned replies hold good and is correct.