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
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.
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
Rameshwar Dadhe
Responded 5 years ago
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 ?
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
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