Please help me in this regard and guide me further.
Notation Descripttion:
GF1 : Grand Father1
GM1 : Grand Mother1
GF2 : Grand Father2
GM2 : Grand Mother2
D1 : First Daugher of GF2 and GM2
D2 : Second Daugher of GF2 and GM2
S1 : Only Son of of GF2 and GM2
D3 : Third Daugher of GF2 and GM2
D1S1 : Only son of D1.
D1D1 : First Daughter of D1
D1D2 : Second Daugter of D1
Notes:
1. Present case has been filed 28/05/2007 in Karnataka
2. D3, D1S1,D1D1,D1D2 are asking for equal share from S1’s property on The Hindu Succession Act [Amendment] 2005.
3. Present case has been filed on S1’s self acquired properties also.
Please answer my below questions and let me take appropriate decisions and i have given detailed descripttion about the family below.
Q1. Do D3, D1S1, D1D1,D1D2 have any rights to claim the S1’s property based on The Hindu Succession Act [Amendment] 2005 act?
Q2. Are they eligible to claim share in the property?
Q3. If they are eligible, what is there share in the S1’s property.
Q4. Is Stri Dhana site given by S1 to D3 has any consideration?
Q5. Is the above said amendment applies prior to 2005 also?
Detailed Descripttion
GGF : My Great Grand Father had two sons GF1 (Elder one) and GF2. Great Grand Father was having
ancestral property. After his death property had been transferred to GF1.
GF1 : My Grand Father got all the ancestral property from GGF. Had his own self acquired properties. Died on
02/10/1960.
GM1 : Wife of GF1. GF1 and GM1 had no issues/siblings. Had agreed to transfer all the properties to S1(My
Father) and signed to transfer all the properties owned by GF1 in 1971.
GF2 : Younger brother of GF1 and got married to GM2. They had 4 issues/siblings, they are Daughter1 (D1),
Daughter2 (D2), Son1 (S1) and Daughter3 (D3) .
Had got no properties in his name.
Died on 28/05/1958.
GM2 : Wife of GF2. Died in 1993.
Note : GF1,GM1, GF2 and GM2 were living in Joint Family and the properties remained undivided
between them.
D1 : First Daughter of GF2 has got married and was living separately. Has 3 issues/siblings, a son, Son (D1S1),
two daughters, Daughter1(D1D1) and Daughter2 (D1D2).
Died on 24/01/1983.
Her siblings D1S1,D1D1 and D1D2 filed present case along with D3.
D2 : Second Daughter of GF2 and got married and was living separately. Not asking for share.
Died in 1997.
S1 : Lone son of GF2.
Full owner of the properties and enjoying the position of the all the properties.
Dependent on the same land for agriculture.
Got all the ancestral property from GF1 on GM1 statement and sign in 1971.
Has few self acquired properties. This he bought these properties by running bullock cart for rent by
taking loan from a bank.
He has given a site to D3 in 1986 for Stri Dhana. It had been transferred from S1 to D3 for Stri Dhana.
Living and enjoying all the properties for more than 45 years.
D3 : Third Daughter of GF2 and got married on 28/04/1961, alive, living separately with her family.
Filed preset case asking for Equal share.
She had got a site registered in her name for Stri Dhana from my father (S1).
Please answer my below questions and let me take appropriate decisions
Q1. Do D3, D1S1, D1D1,D1D2 have any rights to claim the S1’s property based on The Hindu Succession Act [Amendment] 2005 act?
Q2. Are they eligible to claim share in the property?
Q3. If they are eligible, what is there share in the S1’s property.
Q4. Is Stri Dhana site given by S1 to D3 has any consideration?
Q5. Is the above said amendment applies prior to 2005 also?
Kindly find the attachment for Family tree
