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Distribution of property of grandfather died before 2005
14-Jun-2023 (In Property Law)
Our property is on my great grand father name. He died. He have two sons(one of the son's is my grand father, second son not married) and one daughter(have one son). My grand father have two son(one is my father) and a daughter(have one son). Note: my grandfather died before 2005 and we are Hindus. Who all have the full rights to the share in property? you have answered question. But what I want to know is whether my grandfather's sister and my father's are also have full property share? My grandfather died before 2005.
Your father and his brother alone have Right.
Your aunt is not having any Right as your grand father died before 2005 and the property is not divided before 2005.
Your aunt is not having any Right as your grand father died before 2005 and the property is not divided before 2005.
Your aunt is not having any Right as your grand father died before 2005 and the property is not divided before 2005.
Your aunt is not having any Right as your grand father died before 2005 and the property is not divided before 2005.
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Adv. V Arunagiri
Chennai | 25+ Answers
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Equal rights for the daughter's in the ancestral property came into effect from the year 2005 only and it did not carry retrospective effect. Since your grandfather died before 2005 and also the property was not partitioned till this date, there was no partition and your grandfather's sister never claimed partition nor your grandfather partitioned the property inherited from his father.
The property feel into the hands of next generation without partition, i.e., to your father's generation and it also remained in the same status without partition during your grandfather's death, i.e., before 2005 when it fell into the hands of your father's generation. Therefore your father's sister are also not entitled to any share as their father died before the effect of amendment i.e., 2005.
However your father's children i.e., sons and daughters are entitled to a share in your father's share in the ancestral property since your father is surviving as on the date of the effective date of amendment. Your sisters will be entitled to a share out of your father's share in the property as a coparcener.
The property feel into the hands of next generation without partition, i.e., to your father's generation and it also remained in the same status without partition during your grandfather's death, i.e., before 2005 when it fell into the hands of your father's generation. Therefore your father's sister are also not entitled to any share as their father died before the effect of amendment i.e., 2005.
However your father's children i.e., sons and daughters are entitled to a share in your father's share in the ancestral property since your father is surviving as on the date of the effective date of amendment. Your sisters will be entitled to a share out of your father's share in the property as a coparcener.
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Adv. T Kalaiselvan
Vellore | 400+ Answers
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