can we claim mother's mother property after my mother's death
2 years ago
Hi sir,
I am KIRAN, my mother died in 1995. My mother's mother has only two daughters, no sons. My mother is elder. the property previously in the name of my grand mother. she got from her husband(after her husband dies). he got from his parents. My mother's mother died in 2007. My mother's sister has named the property of my mother's mother to her name, after my mother's death. There is no any grand mother's written will or gift deed. they just changed the name in patta pass book by VRO. how can we claim my mother's share under hindu succession act, in which section?
As per the facts which have been provided, your mother has 50% share in the property if your grandmother has made any Will. So, you can challenge the patta pass book by VRO and claim for your mother's share in the property.
Hope this clarifies your query and requirement.
Thank you.
A.Dear Sir,
As per recent law you can claim it and there is every probability of the same.
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Section 15 in The Hindu Succession Act, 1956
15. General rules of succession in the case of female Hindus.—
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1),—
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father.
Advocate Sinjari Bandyopadhyaya
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