Share of property
vandana
(Querist) 29 April 2015
This query is : Resolved
My paternal grandfather (mother's father) had one son and one daughter (my mother). He died in the year 1926. All the land in his name passed on to his son (my maternal uncle) as there was no formal partition between him and my mother as was the custom at that time. He (my maternal uncle) too passed away in 1999 and my mother also passed away in 1997. Now the land in his (my maternal uncle) name is being partitioned between his son's and daughters. My question is
1) Can I claim, 50% of the property which belong to my paternal grandfather according to the Hindu succession act as amended in 2005.
2)If no, then do I hv right to the property as per Hindu succession act 1956 or earlier? if yes then how much?
with thanks
Dr J C Vashista
(Expert) 30 April 2015
@ Vandana,
It is not "paternal" but "maternal" property.
The amendment in Hindu Succession Act, 1955 was effective from September 2005 but not retrospectively since your mother-one of the LR of your grandfather (nana ji), had died in 1999.
Whatsoever, there is no harm is attempting to get a share, although it is difficult, seek professional services of a local lawyer.
P. Venu
(Expert) 30 April 2015
Which State you belong? It is probable that your State had given effect to the provision much earlier than the Central Amendment.
Any how, you cam take a chance by filing the partition suit, as rightly suggested.
Rajendra K Goyal
(Expert) 30 April 2015
Consult local lawyer and show him all the relative documents.
T. Kalaiselvan, Advocate
(Expert) 03 May 2015
Your mother was entitled to a share in her father's intestate property hence you can very well file a partition suit seeking 50% share in the properties of your grandfather as your mother's LRs.
