Rights of Grand Father (maternal)
5 years ago
I am Hindu, female, from Andhra pradesh. My maternal grandfather got agricultural land on intestate succession of his father through a partition deed with his brothers in 2007 and died intestate in 2014. His wife(my grand mother) having self acquired property of tiled house died intestate in 2007 leaving behind husband and two daughters.My mother and her younger sister being class 1 successors of their parents enjoying their properties after their father's death in 2014. Do I consider above properties as joint Hindu undivided property including myself as member of Hindu joint family from my mother (alive)side.Do I consider above properties as ancestral and ask my mother to give my share in the properties by giving a registered notice. Kindly advise me in this regard.Thanq very much for sparing your valuable time. Durga.
A hindu woman holds the property as an absolute owner and now she can dispose off the property as her own property. The concept of ancestral property does not apply to a property held by a hindu woman. Your maternal grandmother (naani) can will the property to anyone. However, if she dies intestate (without a will) then the property will devolve as per the rules of succession in Hindu Succession Act, specifically, section 15. In that case, the property goes to the legal heirs of the woman on her father’s side if she received the property from her father’s side and to her husband’s side if she received the property from her husband side.
NILANJAN CHATTERJEE
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