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Procedure for the division of demised father's property.
16-Oct-2023 (In Family Law)
My grandfather property got divided among 3 sons equally 10 years ago. Now my father also got expired recently. My father property has been transferred to my mother. Now my father's sisters can claim the property of my father?(as he inherited it from my grandfather)
Hi
Under hindu succession act, since the property was partitioned 10 years ago, your father's sister's cannot claim partition anymore as law of limitation will apply and they need to prove to the court that they were ignorant of the partition all these years.
Also you need to take in to account the date of marriage of your aunt to decide whether they have any claim in ancestral property. if your aunt were married before 1986, then they do not have any valid claim.
Since your father has transferred the property to your mother, in accordance to hindu succession act, your mother is the legal owner of the property.
Under hindu succession act, it does not matter on how your mother got the property transferred in her name. So in this scenario, your father's sister's cannot claim any share of the property.
Hope this information is useful.
Under hindu succession act, since the property was partitioned 10 years ago, your father's sister's cannot claim partition anymore as law of limitation will apply and they need to prove to the court that they were ignorant of the partition all these years.
Also you need to take in to account the date of marriage of your aunt to decide whether they have any claim in ancestral property. if your aunt were married before 1986, then they do not have any valid claim.
Since your father has transferred the property to your mother, in accordance to hindu succession act, your mother is the legal owner of the property.
Under hindu succession act, it does not matter on how your mother got the property transferred in her name. So in this scenario, your father's sister's cannot claim any share of the property.
Hope this information is useful.
Helpful?
Adv. Rajagopalan
Hyderabad | 500+ Answers
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Dear,
If your grandfather divided his self acquired property to his 3 sons, your father's sister cannot claim your father's share as only your father's legal heirs can claim your father's share of the property after your father's demise. However, the property which was divided by your grandfather between his sons is a coparcenary property, in such a case, his "children will acquire right over the property by birth" and your father's sister can claim her share in the property and can file a suit in the civil court to get her share. Feel free to contact me if you need further clarification.
If your grandfather divided his self acquired property to his 3 sons, your father's sister cannot claim your father's share as only your father's legal heirs can claim your father's share of the property after your father's demise. However, the property which was divided by your grandfather between his sons is a coparcenary property, in such a case, his "children will acquire right over the property by birth" and your father's sister can claim her share in the property and can file a suit in the civil court to get her share. Feel free to contact me if you need further clarification.
Helpful?
Adv. B. Srikiran
Hyderabad | 500+ Answers
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The equation is improper when you mentioned that grandfather property got divided among 3 sons equally. The question is why has your fathers sister not been included at that time being a successor to your grandfather, likewise who else have not been included ? Based on the reply the proper legal advise can be rendered ? As such, she can certainly claim being not a party to partition ?
Helpful?
no she cannot claim but for that you need to explain full details and better to consult with an advocate in person where you will get a proper response and base on that you can do what exactly you want better to consult with an advocate in person.
Helpful?
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