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anand   24 May 2016

grand daughter share on grand father self owned property

Grand father had self aquired property disttributed among 5 sons.one of the son who is also deceased without will have 3 son and 2 daughter. Two sons of his are from first wife and one son and two daughters from second wife.first wife is no more. Now the partition has to be done.so how the property should be divided between them?


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 3 Replies

Kumar Doab (FIN)     24 May 2016

How was self earned/self acquired property of your grandfather, devided between sons e.g registered partition deed?

Was grandfather's mother and wife alive at that time?

Which personal applies in this case e.g. ; Hindu Succession Act?

 

What is this property; land (agricultural/urban), house, flat in society?

The property is in which state?

IN which year grandfather died?

In which year the son of grandfather died? 

 

Registered family settlement is the best option.

NARENDER RAO BASAVARAJU (Advocate)     25 July 2016

YOUR QUESTION IS REGARDING THE SHARE OF TWO DAUGHTERS,  WHOSE FATHER IS NO MORE AND I ASSUMETHAT THE FAMILY IS A HINDU FAMILY.

HONOURABLE SUPREME COURT  IN A RECENT JUDGEMENT HAS CLARIFIED THE MATTER APPLICABLE IN SUCH CASES.

TO GET A SHARE BY A DAUGHTER IN HER ANCESTRAL PROPERTY, BOTH THE DAUGHTER AND HER FATHER SHOULD BE LIVING AS ON 9TH SEPTEMBER 2005.

 

Kumar Doab (FIN)     25 July 2016

You have not replied to all points.

Generically speaking:

If nature of property of grandfather was indeed self acquired then it is not ancestral.

In that case all sons and daughters have equal share.


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