Regarding distribution of property.
Querist :
Anonymous
(Querist) 01 March 2018
This query is : Resolved
i am from telangana.my grandfather died in 1996 without no will.he has 4 sons and 1 daughter,i am the son of the daughter.my uncles divided my grandfather's property into four equal shares and they are the owners of the land now.my mother got frustrated by asking her share to them and finally filed a case against them.she got married in 1983.but the lawyer said there is ambiguity in the case as she was married before the hindu sucession act in andhra pradesh came into force which came into force on sep 1985.cannot she claim her property by hindu sucession act 1956.does she has any right on the property now and can win the case in the court and get her share.
thanks in advance
kavksatyanarayana
(Expert) 01 March 2018
If your grandfather died intestate, then she has right over the property as per Hindu Succession Act, 1956. the case either win or not depends on the evidence produced by the parties of the case.
Ms.Usha Kapoor
(Expert) 02 March 2018
Your mother has rights over your grand father's ancestral property as the partition was not done at that time. So after his demise she can claim for partition and allotment of he share. as per HSAA1986 AP. amendment Act.
R.Ramachandran
(Expert) 02 March 2018
How did your grandfather got the property?
Whether your grandfather purchased the property?
Or did he get the property from his father? If so, in which year he got the property from his father?
Vijay Raj Mahajan
(Expert) 02 March 2018
The nature of the property in question has to be first identified, was it ancestral or coparcenary property in the hand of the grandfather or his self acquired property.
If it was the self acquired property in the hand of the grandfather when he died in 1992 all the class 1 heirs under section 8 of the Hindu Succession Act,1956 shall be entitled to get one share each and that includes the daughter of the grandfather, whether married or unmarried.
However if the property was ancestral or coparcenary property, by virtue of section 29A (iv) Succession by Survivorship in the Andhra Pradesh State Amended Hindu Succession Act,1956 Nothing in clause (ii) shall apply to a daughter married prior to ......the Hindu Succession (Andhra Pradesh Amendment ) Act,1986.
and clause (ii) States; at a partition in such a joint Hindu family the coparcenary property shall be so divided as to allot to a daughter the same share as is allotable to son.
So in the given case unless the nature of the property is firstly clarified the validity of partition cannot be held by the court as correct or not.
Querist :
Anonymous
(Querist) 02 March 2018
it is ancestral property
Dr J C Vashista
(Expert) 05 March 2018
If you are seeking an obligation of experts FREE OF COST you will have disclose your identity as per rules of this platform, no reply for an "anonymous" author.
R.Ramachandran
(Expert) 08 March 2018
When your grandfather died in the year 1996, there should have been notional partition of the property amongst the coparceners i.e. your grand father and his four sons. Therefore everyone would have got 1/5th share.
Since your grandfather did not leave any WILL, his 1/5th share has to go equally amongst all his legal heirs i.e. his four sons and one daughter.
Therefore your mother is entitled to 1/5x1/5 = 1/25th of the share in the whole property. Her marriage in the year 1983 has nothing to do with it.
