Property dispute
2 years ago
My grand father had two lands. After his death one piece of land was given to my father. He developed it and now after all development all his sisters are asking for share in it. They have send a notice.
Madhulika Bhatnagar
Responded 2 years ago
A.You can approach a lawyer to send a reply to the legal notice.
If your grandfather vested the land on your father by a will, your father's sisters will have no right.
If your grandfather died before 2005, your father's sisters will have no right as the amendment became effective prospectively.
However, if none of the above is true, your father's sisters will have shares in both the lands of your grandfather.
If your grandfather vested the land on your father by a will, your father's sisters will have no right.
If your grandfather died before 2005, your father's sisters will have no right as the amendment became effective prospectively.
However, if none of the above is true, your father's sisters will have shares in both the lands of your grandfather.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hello Sir
It would be advised to first check whether the property was given to your father through a will or through inheritance. If it was through will then there is nothing his sister could ask for. But it was without intestate then they could claim their shares in that property.
Also as per the law according to the Hindu Succession (Amendment) Act 2005, daughters have the same right as sons to their father's self-acquired property, if he dies intestate, that is, without a will. ... Hence, being a legal heir, you have the right to stake a claim over the property irrespective of what your mother claims.
So, you must also check whether the property was inherited before 2005 or after 2005, as if it was after 2005 then your father must have gotten NOC from his sister while inheriting the property.
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It would be advised to first check whether the property was given to your father through a will or through inheritance. If it was through will then there is nothing his sister could ask for. But it was without intestate then they could claim their shares in that property.
Also as per the law according to the Hindu Succession (Amendment) Act 2005, daughters have the same right as sons to their father's self-acquired property, if he dies intestate, that is, without a will. ... Hence, being a legal heir, you have the right to stake a claim over the property irrespective of what your mother claims.
So, you must also check whether the property was inherited before 2005 or after 2005, as if it was after 2005 then your father must have gotten NOC from his sister while inheriting the property.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.You have not specified that land to your father.After your grandfather's death without making and publishing any Will , his property has been devolved upon his children and your grandmother,each having undivided equal share therein so until and unless Partition be done in registered manner, your father's sisters have the legal right to ask for share in that property.
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A.Hello Sir
If the property was given to your father through a will then the sisters cannot claim any share in the property. Although if the property was inherited by your father without a will then sure your sisters could claim share in that property. As after the amendments the Daughter have equal share in the ancestral property.
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Please rate if you find this advice helpful.
If the property was given to your father through a will then the sisters cannot claim any share in the property. Although if the property was inherited by your father without a will then sure your sisters could claim share in that property. As after the amendments the Daughter have equal share in the ancestral property.
Thanks
Please rate if you find this advice helpful.
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