great grand Daughters rights in ancestral property
Querist :
Anonymous
(Querist) 27 April 2010
This query is : Resolved
Can a great grand daughter file a suit for her rights from her grand mother's father's property. i.e
Father (Ancestor)
to
Great Grand Mother
to
Mother
to
Self
Please note that the Father (Ancestor) had one son and one daughter but the son had no children.
AEJAZ AHMED
(Expert) 27 April 2010
::Your query is silent about the Religious::
::First am answering for Hindu Succession::
The property of a Hindu male dying intestate, or without a will, would be given first to heirs within Class I. If there are no heirs categorized as Class I, the property will be given to heirs within Class II. If there are no heirs in Class II, the property will give to the deceased’s agnates or relatives through male lineage. If there are no agnates or relatives through the male’s lineage, then the property is given to the cognates, or any relative through the lineage of males or females.
THE SCHEDULE
[Section 8]
HEIRS IN CLASS I AND CLASS II
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son, daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
CLASS II
I. Father
II (1) Son's daughter's son, (2) son's daughter's daughter,(3) brother, (4) sister.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
III (1) Daughter's son's son (2) daughter's son's daughter, (3) daughter's daughter's son (4) daughter's daughter's daughter.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _
IV. (1) Brother's son (2) sister's son, (3) brother's daughter, (4) sister's daughter.
V. Father's father; father's mother.
VI. Father's widow; brother's widow.
VII. Father's brother; fathers' sister.
VIII. Mother's father; mother's mother.
IX. Mother's brother, mother's sister.
So as per Hindu succession Act great grand daughter falls under the category of Class-II sub clause-III(4)and can file suit with claim.
Querist :
Anonymous
(Querist) 27 April 2010
thanks for your reply
Raj Kumar Makkad
(Expert) 27 April 2010
Nothing to add in the accurate opinion of my friend Aejaz
