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monica   27 January 2016

Does section 6 of hindu succession act 2005 applies here

my father got farming land in gujrat by his mother side grandparent. my dad was raised by grand parents since he was 7 months old.his grand father died when he was around 5 years old.after that in inheritance property grand mother's name and his name was put in.as grand mother is step mother of my dad's real mother and they didn't get along well. so grandmother did not want to give anything to her.at that his mother went to court for her right on property but they just put her name as a legal guardian. after around 25 years now wants a property again so she went to court again and now court cancelled the last heirship (INHERITANCE ) of grandmother.and my father and his parent did not live together so she will not give anything to my father and she most likely give everything to her 3 other children rather than my father. so what can we do now.please help.
THANKS



Learning

 4 Replies

Kumar Doab (FIN)     27 January 2016

It is believed that you are Hindu and Hindu Succession laws shall apply, and property was owned by Maternal Grandftaher.

 

After the death of Maternal Grandfather the proeprty shall be equally shared by spouse and Children.

 

Thus share of your maternal grandmother shall devolve upon your father.

 

What is the opinion of your own lawyer, that has contested the case on your behalf?

 

1 Like

monica   30 January 2016

they are just trying to get my father's share. but is it legel to cancel his grandmother's name from property.that's what is a judgement is.

Kumar Doab (FIN)     30 January 2016

Wife is ClassI legal heir.

 

There seems to be some confusion at your end in either drafting the query or else.

 

You may go thru stae rules on inheritance of agricultural land.

 

In UP there are specific rules under UP land and Zamindari Abolition Act that prohibits share to married daughters.

 

Your local lawyer can advise you further.

 

 

monica   01 February 2016

thans Mr. Doab. for the information u provided


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