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Karun   24 January 2016

My share in ancestral property

Please help me:

  • My grandfather died on 20 Aug 2005. Grandmother died in 1982. They had 2 sons only.
  • One is my father who died in 1995. My mother also expired in 1993.
  • The other son of my grandfather is still alive.
  • My father and mother had three children (all adults) - 2 sons and one daughter.
  • I am the daughter.

My grandfather has a self earned property in Patna, which he purchased in 1956. Now we all (uncle, brothers and myself) want to sell it. I want to know if I have a share in the property sale or not ?

Regards,

Karun



Learning

 6 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     24 January 2016

Mam,

 

Sorry since your father died before 2005 Amandemnt Act and the property you were talking about is the ansectral property as the same was bought by your grandfather, I think you don't have a right as per law, but if your other family members give you with their sole discreation then you can have the right on the property.

 

Warm Regards

Kapil Chandna Advocate

9899011450

Anuj   24 January 2016

Your grandfather s property if is self made does not fall in the category of ancestral property.....it would be considered your grandfather s separate property.....nd would devolve on first your father nd uncle equally I.e. - one half each....your father's share would then equally be divided amongst you and your siblings..... Regards Anuj

Mahendiran   24 January 2016

Mam, you have full rights in that property.u can get 1/6 portions

adv.raghavan (Advocate,9444674980)     25 January 2016

I endorse view expressed by Adv.Kapil.

Karun   25 January 2016

Dear Kapil ji, Mahendiran ji, Anuj Ji and Raghavan ji,

I am thankful for this advice, and your valuable time. They are however indicating opposite things and I am getting confused. Sorry for troubling you again.

My brother told me that since my grandfather died on 20 Aug, 2005 and there is some Supreme Court amendment effective from 9 Sep,2005 thus I have no share in this undivided property.

The rule I am told was that there is some amendment in the Succession Act for Hindus, and so for me to have a share, my grandfather has to be alive on 9th Sep, 2005, and this applies to land, shop, bank balance and locker etc.

Regards,

Karun

T. Kalaiselvan, Advocate (Advocate)     31 January 2016

@Author:

The supreme court ruling is not applicable to this situation.

This was your late grandfather's self acquired property.

It devolved equally on his legal heirs consisting two sons upon his death.

Out of his two sons, one is your deceased father.

Your father was entitled to half share in the property however he died intestate.

Therefore your father's share in the property shall devolve equally on all his own legal heirs.

That way you are entitled to a share out of your father's share.

Therefore you can sign as a share holder to sell your share of property in it in the joint selling.

 


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