Right of a hindu married daughter on a property,inherited by her father, owned by her grandfather.
Gautam Banerjee
(Querist) 08 May 2013
This query is : Resolved
My Grandfather purchased a plot of land from Govt. on 999 years lease & built a house. He dies surviving his wife, ONE MARRIED DAUGHTER (died as 2nd wife of her husband and husband also died without any issue of her own but husband has issues of his 1st wife) and TWO SONS. After my grandfather dies, property has been muted in favor of three successors (Elder Son, Daughter & Younger Son).
Both, my Father & my Uncle has issues of one Son & One daughter each, all are married. My father is elder brother & my mother alive. I am his only daughter. Now my question is can I get a share of the property in absence of my father? Can he make a WILL in favor of my brother depriving me?
We, two cousin sisters didn't claimed so far but nor we ignored to get a share. If they invite to develop the property - do we have any say with any proposal from the Promoter?
Please help me.
Rajendra K Goyal
(Expert) 08 May 2013
The property was purchased by your Grandfather, your father inherited the same. This is ancestral property for your father and for you also. You have right in the property and can get it.
Raj Kumar Makkad
(Expert) 08 May 2013
I slightly differ with the opinion of Rajender. First of all property is on lease and not purchased and second the property shall be called personal in the hands of your father and your uncle and third is that your father and your uncle are free to dispose off the property during their life time or by making will in favour of any person of their liking. You all have no claim in that event but if they die intestate then you also get hare with your brother.
P. Venu
(Expert) 09 May 2013
999 years lease? Is it not a kowl rather than a lease in terms of Transfer of Property Act?
