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nupur bansal (student)     08 February 2013

Who are the shareholders in father's property

My grandfather purchased 150 sq.yds.residential plot in delhi in 1962.the registry of the plot is in his name.he died in 1970 and he didnot leave any registered WILL.

he had 4 children.now 2 sons and 2 daughters and his wife are alive.both the daughters are married.my grandmother suggested to divide the 150 sq.yds. equally amongst sons...they built up there houses in 75 sq.yds.each.but there is no partial deed in name of both the sons.it is just mutually built house.

my grandmother lives with the younger son since my grandfather died..the younger son is my father.now my father is heart patient,my grandmother is also a heart patient as they both undergone with a heart surgery and are not able to work anymore.,my mother is divorced with my father so she lives in her maternity home.even i am a kidney patient from last 1 year as i have my kidney damaged.and my brother is a student.

in this forum,we came to know that the daughters have equal rights in father's property.but it is also mentioned that it is applicable only if it happened after the commencement of hindu succession act 2005.if anyone died in 1970 so in this way this law was not in force that time.so according to this the daughters have no right..is it true???we want to give a floor on rent as no one in our family can earn anything.for that we need to make an aggreement.thats y we want that 75sq.yds.should be on the name of our grandmother so we will be able to make an aggreement.so just want to ask that is our grandmother and my father can make that aggreement..is that 75 sq.yds.is legally ours???



Learning

 1 Replies


(Guest)

@Querist,

 

Advices-

 

1.Must Read my previous post (https://www.lawyersclubindia.com/forum/details.asp?mod_id=74584&offset=1#.URUTGmeE2Mo) before you read the second para to understand the division of property.

 

2.Hindu Succession Act 2005(Amendments to Act of 1956) talks about the equal rights of the daughters but previously it was a right of daughter to get get a share thought not in equal proportion. If the question pertains before the year 1956, then only a daughter cannot claim her share in the property in question.

 

Hope that clarify your issue


Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,


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