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How to get share in Grandfathers property


10-Apr-2023 (In Property Law)

Property of Maternal Grandfather, who died without a will was registered in the name of Grandmother. Not sure if Grandmother had made a will, but her sons are claiming so and are in possession of the entire properties. (Mangalore & Mumbai) Daughters and grand children have been deprived of any share or revenue since the year 1985 (Year of Grandfathers death) by the maternal Uncles. Need clarity on how to go about the legal process and have the properties equally divided among all the seven children of Grandfather(4 daughters and 3 Sons).

Answers (1)

Answer #1
184 votes

Assuming that you are Hindu, when your grandfather passed away in 1985, the property will transferred to wife and son. According to the recent Supreme Court Judgement daughters will have equal share in the property when the father passed away after september, 2005. Before the father died before 2005, daughters will have no share in the property.  If the property is an ancestral property, every legal heir will have right over the property and will be distributed according to the Hindu Succession Act.


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