Great grand father property
GANGAM.RAJENDER.
(Querist) 14 November 2013
This query is : Resolved
sir the property belonged to my GREAT GRAND FATHER he was died.
great grand father had one son he was also died.grand father has one son and one daughter and the daughter also died.
the ancestral property which was not partitioned
Q1. DECEASED DAUGHTER SONS HAS ANY RIGHT IN THE ANCESTRAL PROPERTY.
Q2.THE SONS OF DECEASED DAUGHTER DO THEY HAVE ANY RIGHT TO FILE PARTITION SUIT AGAINST THE BROTHER OF DECEASED DAUGHTER.
THANK YOU SIR.
Raj Kumar Makkad
(Expert) 15 November 2013
You have not mentioned the year of death of your Grs Gf then your grand father without which you cannot be provided with the desired information/reply.
Rajendra K Goyal
(Expert) 15 November 2013
Give the years of death of GGF, GF, sister of grand father.
M V Gupta
(Expert) 15 November 2013
The law succession has undergone change. Hence the dates of death are important to decide on teh rights of the parties mentioned by u. Pl furnish more details about the nature of the property (i.e., whether agricultural or residential etc) and the state in which the properties are situated.
GANGAM.RAJENDER.
(Querist) 15 November 2013
than you experts rajkumar makkad sir,rajendra k and m v gupta garu.
death of great grand father year is 1950,
the death of grand father 1981 and the deceased daughter of grand father death is 2002. the land belongs to residential land.
PLS GIVE ME SUGGESTION SIR .
THANK YOU SIR
adv. rajeev ( rajoo )
(Expert) 17 November 2013
If there was no arrangement were made by the grand father during his life time regarding his properties, then you will get your share in the share of your father.
Phani Kumar. D
(Expert) 18 November 2013
I opine that after amendment of Hindu Succession Act, both son and daughter will get equal share of ancestral properties, either agriculture or residential. In this present case the partition has not been done so far. Hence great grand children (pre-deceased daughter's children or pre-deceased son's children) will get equal share of their great grand father's property.
M V Gupta
(Expert) 19 November 2013
It is presumed that GGF died in 1950 without executing any will. Hence the GGF's property vested in GF by succession and the property became HUF property with himself and his son being the coparceners and daughter as member of the HUF. when GF died in 1981 (i.e., after HS act 1956 came into force)his only son and only daughter succeeded to the HUF assets with equal rights. As such the daughter had a vested right for 1/2 share in the property. On her death her children and husband succeed to her share in equal proportion. They can ask for partition of the property.
Anirudh
(Expert) 19 November 2013
Dear Mr. Gupta,
Going by your assumption, in 1981 when the GF Died, then the share of his son and daughter would be 3/4th and 1/4th and not 1/2 to each.
M V Gupta
(Expert) 22 November 2013
Dear Mr. Anirudh, under which provision of the HS Act the daughter's share gets reduced as pointed by you?
