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Do grand daughters have right on maternal grand fathers property
12-Oct-2023 (In Family Law)
My maternal grand father(expired -1940) had 10 acres of cultivation land in vijayawada AP and he has 2 sons (expired-1985-88) and 1 daughter (my mother-expired-2003).He was reluctant to write a will and left undivided. my mother and her brothers also have not divided the property and they got expired.now my two uncles has sons who are enjoying the property without even informing us. can we file a suit againist them as per HSA 1956-2005 amendment?
1)was it your grand father self acquired property? did he leave any will or he died intestate ? if he had self acquired property and he died intestate on his death his 3 sons would have 1/3rd share in property . (I presume that your father dosent have any sisters).
2) your father should make an application of mutation of property in his name and that of his brothers .enclose copy of death certificate of his father .
3)since your cousins are not permitting your father to sell his share your father can file suit for partition of property . subsequently your father can sell his share .
4) your father can prepare a will bequeathing his 1/3rd share to his 2 daughters . as far as construction on third floor is concerned you cannot carry out any construction without consent of municipal corporation and of all your cousins
2) your father should make an application of mutation of property in his name and that of his brothers .enclose copy of death certificate of his father .
3)since your cousins are not permitting your father to sell his share your father can file suit for partition of property . subsequently your father can sell his share .
4) your father can prepare a will bequeathing his 1/3rd share to his 2 daughters . as far as construction on third floor is concerned you cannot carry out any construction without consent of municipal corporation and of all your cousins
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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Yes you can file suit for declaration and partition in civil court. whether that property is self acquired or ancestral? If it is ancestral then all legal heirs have equal share but if it is self acquired property then it depend up on the other document.
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Adv. Bharat Pandirao Pawar
Pune | 500+ Answers
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