Property right Property right

5 years ago

my mother has died 18 year before ,my grandfather ( mother's father is alive which is about 80 year old ) my grandfather has the ancestral property i.e., farm land about 50 to 55 acres land ! But they have not entitled share my mother right over property , because my mother is not alive! my mother has two brothers ,and two son's, i e.,me and my brother ,I am 22 years old and my brother 21 years old, according to the new 2 February 2018 hundu succession general law daughter has equal right over his father property whether (living or dead ) means (grandson )we can use my mother right over ancestral property of my grandfather or not? Please advice

Kishan Dutt Kalaskar

Responded 5 years ago

View All Answers
A.Dear Sir,

Please see the following

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; and
(b) any property inherited by a female Hindu from her husband or from her father-in-law 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 husband.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Shanti Ranjan Behera

Responded 5 years ago

View All Answers
A.Dear Gutte Ji,
First step , you have the legal heir certificate from the competent authority of the Government and then proceed. While having the legal heir certificate please ask them to prepare the
genealogy which they will do I suppose in any case which is most important.
Now, you are legally entitle to ask for share.
Shanti Ranjan Behera
Advocate
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Rameshwar Dadhe

Responded 5 years ago

A.Yes sir u can file partition suit. And solve it peacefully
Helpful
Helpful
Share
Placeholder image

Anil Gutte

Replied 5 years ago

Sir, what will be the total court fees for file partition suit please advice me ?and what is complete procedure ?

Placeholder image

Rameshwar Dadhe

Replied 5 years ago

I can't explain u full procedure. If you want full procedure call me . Court fees will be dependent on value of the property

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconWife name
Dear Client, Changing your spouse's surname post-marriage is not legally mandatory in India. Even, women don't need to change their names/surname on their passports after marriage. It is believed tha...
question iconMarriage dissolution
Dear Client, Section 12 in The Hindu Marriage Act, 1955 prescribed the grounds for voidable marriage. A marriage can be held null and void if the respondent was impotent at the time of marriage and at...
question iconMarriage Issues
Dear Client, Your query requires more details to address it suitably. You expressed your situation but not a cause of action that attracts a legal remedy. It is a virtual platform where in the absence...
question iconWife name
Dear Sir, It does not create any problem as in most cases in India even after marriage the surnames will not be changed and it is understood.
question iconMentally unstable parent
Dear Client, In the given scenario, you can arrange for a full-time caregiver for your ailing father. You can also seek help from an NGO that renders dedicated service to the needy and ailing persons.