my grandfather has 3childs (2 sons and 1 daughter). I'm the daughter of the daughter....after my mother got married in 1988 she was dead after gave birth to me. my uncles got the property. younger uncle died few years ago and elder uncle died recently. they promise me to gave 1 acre land on my marriage but now property is in the hands of my both aunts. they are also ready to give the land which is proposed by my uncles.
I want to claim equal share of the property can I claim or not.
my grandfather, grand mother, and 3 children's of them including my mother all are dead. only aunts(2 uncles wife's) are alive.
As per the Hindu law, there are two types of properties: ancestral property and self-acquired property. An ancestral or coparcenary property is one which you inherit from your forefathers, up to four generations. Prior to the 2005 amendment in the Hindu Succession Act, only male members of the family were coparceners but later daughters, too, were entitled to get a share. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where legacy opens upon the death of the owner.
On the contrary, a self-acquired property is any property which is bought by an individual from his own resources or any property he acquired as a part of the division of any ancestral/coparcenary property. This also includes the property obtained through a legal heir or by any testamentary document such as Will or a gift deed.
You will get equal share. Since girls hold right in their parental property, you're grandfather's property had to be divided into 3 equal parts (i.e both your uncle and your mother).
Since you're mother is no longer alive, her share of the property should be provided to you as you're her legitimate legal heir.
Hope It Helps
Regards
Kevin M. Paul
