Daughters seeking right in Grand father properties
2 years ago
Hi
My grandfather having 9 acers of land and he recently expired, he have 5 sons and 2 daughters , two daughters age above 50 year at the time of their marriage my grandfather given their share in property in the form of gold and cash which we don't have evidence, but now came and asking share in remaining property of 9 acers land and they approached advocate and sent a notice from court what we have to do now and how to reply that notice.
You should hire a legal representative to respond to the notice since they will be able to guide you better than anybody else. However, if the man dies intestate, his estate will be divided equally among all class 1 heirs, regardless of the amount already paid to any of them.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
After your grandfather's death without having any Will,his property has been devolved upon his widow and seven children each having undivided one-eighth share therein. Therefore,each of those daughters being entitled to undivided one-eighth share therein is entitled to claim Partition of that property and is entitled to file Partition Suit for declaration,partition and injunction against transfer as well as status quo for not to change the nature and character of the property.
If your grandmother predeceased your grandfather, then Grandfather's property has been devolved upon his seven children each having undivided one-seventh share therein. Therefore,each of those daughters being entitled to undivided one-seventh share therein is entitled to claim Partition of that property and is entitled to file Partition Suit for declaration,partition and injunction against transfer as well as status quo for not to change the nature and character of the property.
It is necessary to scrutinize the documents as well as Notice sent from Court for guiding you regarding the steps which you have to follow in this regard.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
To reply to the notice you should go for a legal representative since it will be more reliable and they will better be able to guide you than anyone else.
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A.Dear Sir,
Section 8 of Hindu Succession Act:
General rules of succession in the case of males.―The property of a male Hindu dying intestate
shall devolve according to the provisions of this Chapter:―
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
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