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Right to claim share in the property of father
04-Aug-2023 (In Family Law)
Am Hindu. Grandson. Grandfather bought a property in 1975 and he built the property in his own money a few years later he died. But the property not changed in any name My grandmother had 5 children's 3daughters and 2 sons and my grandma total six legalars to my grandpa now 2 sons are mentally disorder also they are married and they have children the daughters are also married and they are well settled so my grandma request to the daughters please release you shares to my name for each share I will give 5laks totally 15 Laks settled to 3 daughters because you brothers are not good and please concern there children's she requested to the daughters for the mentally disorder sons so they released the shares to her mother's name and that is registered in 2005, that grandmother is also died in 2015 without changing the shares to the son but now the daughters are asking again shares on the same property to there brothers wife Please tell me what to do
Hello Sir,
The daughters herein have share in their mothers property. Avoiding all the confusions in between, the shares for the sons is 9/30 each and each daughter is entitled to 4/30 Share the property. The previous release and passing of consideration of Rs.5 Lakh is irrelevant. All these is subject to any other enCumbrance in the property.
The daughters herein have share in their mothers property. Avoiding all the confusions in between, the shares for the sons is 9/30 each and each daughter is entitled to 4/30 Share the property. The previous release and passing of consideration of Rs.5 Lakh is irrelevant. All these is subject to any other enCumbrance in the property.
Helpful?
Adv. M. Dheenadhayalan
Coimbatore | 100+ Answers
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Hi sir,
The Hindu Succession (Amendment) Act, 2005,[2] amended Section 4, Section 6, Section 23, Section 24 and Section 30 of the Hindu Succession Act, 1956. It revised rules on coparcenary property, giving daughters of the deceased equal rights with sons, and subjecting them to the same liabilities and disabilities. So that based your aunty’s also have legal right to get there parents property . In your case 2005 settlement deed based only we can take a decision . In the 2005 settlement Deed they Discussed about above you said points means they don’t have a legal right to get a property.Otherwise they have a legal right to get a property under the act. try to negotiate with auntys.if they are not interested to settle the problem means we can file partition suit .based on legal documents and circumstances court will decide case . U will get positive judgement...Don’t worry Mr. Grandson .
The Hindu Succession (Amendment) Act, 2005,[2] amended Section 4, Section 6, Section 23, Section 24 and Section 30 of the Hindu Succession Act, 1956. It revised rules on coparcenary property, giving daughters of the deceased equal rights with sons, and subjecting them to the same liabilities and disabilities. So that based your aunty’s also have legal right to get there parents property . In your case 2005 settlement deed based only we can take a decision . In the 2005 settlement Deed they Discussed about above you said points means they don’t have a legal right to get a property.Otherwise they have a legal right to get a property under the act. try to negotiate with auntys.if they are not interested to settle the problem means we can file partition suit .based on legal documents and circumstances court will decide case . U will get positive judgement...Don’t worry Mr. Grandson .
Helpful?
Adv. Deva AS Gibsons
Chennai | 100+ Answers
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Hello
You have entire original document or not
You have lega heirs certificate or not
Now total legal heir members?
Share are you not partition the property
Above mention property in pending any suit before court?
Contact an Advocate
You have entire original document or not
You have lega heirs certificate or not
Now total legal heir members?
Share are you not partition the property
Above mention property in pending any suit before court?
Contact an Advocate
Helpful?
Adv. S Rasak
Chennai | 100+ Answers
CONTACT NOW
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