Right of married paternal aunts
Vasudev
(Querist) 19 July 2014
This query is : Resolved
i m explaining my case clearly.i got different views from different local advocates.
plz give me correct reply with explaination.
my grandfather died in 1995, without making will.he left ancestral property in a village of maharashtra state.
he had 3 sons and 4 daughters.my grandmother died after grandfather in 1999.
my father was eldest son of grandfather, who died in 2011.
my paternal aunts are all married well before 1994.
presently, on 7/12, ther r following names;
my father, two uncles, in main section and names of 4 dughters in OTHERS section of 7/12.
property is stil undivided,
tell me, what is the share of my father and share of my paternal aunts in this property?
thank you
P. Venu
(Expert) 19 July 2014
The daughters have a subsisting right and this is duly reflected in the 7/12 extracts.
Vasudev
(Querist) 19 July 2014
how much is daughters share sir?
do they hav equal right like uncles?
Advocate Kappil Cchandna
(Expert) 20 July 2014
Yes they will have equal shares as the uncles, because they are also class 1 heirs ...
Advocate Kapil Chandna
9899011450
T. Kalaiselvan, Advocate
(Expert) 20 July 2014
In the given context, the daughters have equal rights and shares as the sons to their father. There should be no ambiguity in this regard especially since the property has not been partitioned till this date.
Vasudev
(Querist) 20 July 2014
important thing to note that, succession has taken place in 1995, at the death of father.7/12 was accordingly updated.at this date, daughters share was, as per maharashtra state ammendment 1999.
2005 act made daughters coparceners.but if property is alienated by succession in 1995, then, how can daughters get equal share?
ammendments are prospective n not retrospective..so at succession in 1995, share of sons was fixed being coparceners. one of sons(my father) died in 2010.
how can now paternal aunts claim equal share?
