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Aunt received property during marriage can she claim share now
28-Jun-2023 (In Property Law)
My father is one among the share of my grand father's property. My grandfather died in 1984. Following peoples are the share of my grand father's property according to law, they are 1. My father, 2. His younger sister, 3. His younger brother and 4. His mother. My doubt is, my father's young sister, she got a immovable property from my grand father as donation during her marriage in before 1980's. Weather she is eligible for a equal share or not. My second doubt is my grandmother, she is already crossed age of 95 years old and she is psychologically suffered and weath she is also eligible
If this was your grandfather's self acquired and own property then all the legal heirs of your grandfather are entitled for an equal share in the intestate properties left behind by him.
Therefore your father's sister also as a legal heir to your grandfather is entitled to an equal share in the intestate properties of your grandfather. It is immaterial that she was given a gift earlier in the yer 1980, that is a different subject to the one in hand now.
Your grandmother's age and her incapacity cannot bar or dis-entitle her from claiming her own legitimate in the property. Her share of property has to be allotted to her in the partition that may take place in the family.
Thus a partition dividing the properties into four equal parts can be done and each of the share holders be allotted one such share.
Therefore your father's sister also as a legal heir to your grandfather is entitled to an equal share in the intestate properties of your grandfather. It is immaterial that she was given a gift earlier in the yer 1980, that is a different subject to the one in hand now.
Your grandmother's age and her incapacity cannot bar or dis-entitle her from claiming her own legitimate in the property. Her share of property has to be allotted to her in the partition that may take place in the family.
Thus a partition dividing the properties into four equal parts can be done and each of the share holders be allotted one such share.
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Adv. T Kalaiselvan
Vellore | 400+ Answers
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The answer will depend on how your grandfather obtained the property. Is it a self acquired property of your grandfather? or ancestral property?. Scenario 1: For self acquired properties of your grandfather all your aunts can claim an equal share. Scenario 2: With respect to ancestral origin they can not. On the basis of your grandfather demise date you set out and without a will. i.e., they can not claim share from their(your aunts) grand father ( yours great grandfather property or before the time, immemorial).
You were not clearly stated as to which document your grandfather given (donated as denoted by you) a immovable property to his younger daughter. Only on the basis of document it was given to your aunt i could give you a precise answer and the ratio at which it can be taken.
With respect to your grandmother. She holds a share (1/4 in case of self acquired) at the demise of your grandfather.
You were not clearly stated as to which document your grandfather given (donated as denoted by you) a immovable property to his younger daughter. Only on the basis of document it was given to your aunt i could give you a precise answer and the ratio at which it can be taken.
With respect to your grandmother. She holds a share (1/4 in case of self acquired) at the demise of your grandfather.
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Adv. GP Vijay
Chennai | 200+ Answers
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