Can I claim half of my diseased grandfather's property ?
29-Jan-2023 (In Property Law)
Hi, I belong to the Hindu Family. My father is son of my grandfather's first wife and and from his 2nd wife there are another 5 sons( my uncle). can I suit a legal case for 50% property of my Grandfather? My grandfather and grandmother is died.
After the commencement of Hindu succession Act, 1956, the property of a Hindu male dying intestate devolves upon the legal heirs as per provisions of Act. Firstly it devolves upon class I legal heirs who are sons, daughters, widow and mother. In your case the property was inherited by three daughters and a son getting one share each, considering that your grandmother did not survive by your grandfather. Since two of the legal heirs, including your mother have relinquished their share in favour of their brother he becomes owner of 3/4 of the estate. I may add that the released deed executed by your mother has to be registered as per the Registration Act and without registration it has no value. The position was quite different before the introduction of the HSA.
You can file a suit for whatever percentage you desire to claim, but your share has to be decided under the provisions of the Hindu Succession Act. A properly institutes suit for partition can decide the share you derive out of the ancestral property.
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