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Can i claim share in grandfather's property after division
13-Oct-2023 (In Family Law)
My grandpaa have 3childrens older one was my dad middle one was my bua nd last one is my uncle...my dad passed away 7years ago..after that my grandpaa divided his property in three parts one for my brother one for my uncle and one for my grand maa now my grandpaa passed away 6yrs ago ..now my grandmaa want to give this property toh het daughtew..is it legal?? She is married did she have right on her father property after him death..plz advise what legal action we can take coz thats a major part or our income.
Your grandmother can legally give her share to her married daughter , but you can definately challenge your share in it as well in the court of law. But its a long process by which the decision will be made , finally a compromise may be made in these type of cases.
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Adv. Anurag Bhati
Greater Noida | 400+ Answers
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You have legal right over the Properties owned by your father but you can not claim rights as a matter of legal rights over the Properties owned by your grand father or grand mother. Legal Assistance in property matters requires many details and documents.
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Adv. Vijay Kumar Teotia
Meerut | 200+ Answers
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To respond to your query it is important to know that how your grandfather distributed his property amongst your grandma, your brother and your uncle. If this distribution was through a will, your Grandma shall not be the absolute owner of the share of property which came to her and thus, this share cannot further transferred by her to your bua. For a better reply, I need to have some clarity regarding your question.
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As per amended Hindu law of succession 2005 ,Daughter has equal right in fathers property even if they are Married ,in your case you had already got your share of propert ,with that the property in issue is in name of your grandmaa ,and it's her discretion to whom she bestow that .Legally you can't stop your Aunty (bua) from acquiring the property !
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Adv. Rishi Kumar
Allahabad | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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