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Is married daughter have right on their father property


25-Jul-2023 (In Property Law)
My grand father had 6childrens . 2 daghters both are alive now and 4 sons, now the all sons are expired and among them 3sons had no wife and childrens, but 1son has his wife and she is alive and had no childrens. In this, my mother( one of my grand father daughter ) had taken very small part in thier father's propery before marriage . and rest of whole property still not divided. But in bond paper mentioned and signed that the rest of whole property is belong to 3sons only that is signed by mother and my aunt also...another 1son is already expired in early age 14 when he is small boy. He is not live at time of this agreement. The bond is registered. The whole property is still in the name of my grand father only katha is not yet made. And he is no more. Now the question Is my mother and my aunt (my grand father another daughter) had right on that ancestoral property . is she has any portion of right ? If yes how and how much.. Pls pls answer me.
Answers (2)

Answer #1
566 votes
Hello, According to section 8 of hindu succession act, wife of the deceased son of ur grandfather and his daughters (i.e., ur mother and aunt) are equally entitled to 1/3 share each in the total property of your grandfather. The bond which u are talking about has to be verified before giving any suggestions. I would also like to know the mode, how your mother got the portion of the property before marriage. It will be easier to give suggestions if you come over personally. Thank you.
Answer #2
527 votes
As all the male legal heirs have died without issue and all the wife of them also died except one as she is also issue less. Though your mother have relinquished their rights but now the legal heirs are not alive hence being a daughter of your mother and aunt and your deceased uncle's wife are having inheritance right in the property. Apply for Probation and Succession case by providing all the documents pertaining to the property and death certificates of your uncle and aunt and then property can be transferred in your mother and aunt and another aunt's name (deceased uncle' wife) then khatha of the property can be transferred . Contact any advocate

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