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balaji n   10 November 2017

Right of female in property

My Maternal Great Grand father(lets say "A") died in 1991. He has 3 sons 2 daughters(first daughter deceased in 1968). Properties inherited by great grand father from his dad. Deceased first daughter of A have right(after 2004 supreme court judgement) in the property or not ? Am asking this because deceased first daughter of A is my grand mother. 

Partition/sale done in 2009. I came to know about this only few days while visiting the village.

Note: Nothing is self acquired by "A" here. Every small piece of land inherited from his father.



Learning

 7 Replies

Kumar Doab (FIN)     16 November 2017

It is believed that all involved are Hindu.

Confirm!

Kumar Doab (FIN)     16 November 2017

The nature of property that devolves by inheritance is self acquired.

From the narration by you in your query the nature of property is ought to be self acquired.

Rest you may show the mutation records and all link docs and inputs and facts on enjoyment of property to a very able LOCAL counsel specializing in revenue/civil matters and well versed with succession laws that apply in this case and your customs and your state laws for a considered opinion.

Kumar Doab (FIN)     16 November 2017

Succession opens on date of death of owner/title holder.

If Hindu Succession laws apply in this case; the pre-deceased daughter/son has equal share.

 

 

Property from Mother’s side is not ancestral.

In case of Hindu man; The 1st right is of ClassI legal heirs i.e. Mother(if alive as on date of death), Wife (if alive as on date of death), sons, daughters…………..

In case of Hindu Female the nature and source of property matters.

In case of Hindu Female: the husband (if alive as on date of death), sons, daughters have 1st and equal right in self acquired/absolute property….

In case of Hindu Female: if property has devolved from parents, sons, daughters have 1st and equal right and if they are not available the heirs of father have 1st and equal right…………

Kumar Doab (FIN)     16 November 2017

 

Daughters have a (equal) right in property of Father/ancestors as per facts and details of the matter.

Married Daughters have a (equal) right in property of Father/ancestors as per facts and details of the matter.

Kumar Doab (FIN)     16 November 2017

You have posted another query at;

https://www.lawyersclubindia.com/forum/details.asp?mod_id=156148&offset=1

Rekate with facst of the matter(s) at your hands.

balaji n   18 November 2017

yes hindu family and many thanks for your response

Kumar Doab (FIN)     23 November 2017

You are welcome.


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