Daugthers rights in Self Acquired property of her father died in 1948
13-May-2023 (In Property Law)
Facts:- 1) Father(my grandafather) expired in 1948,mother(my grandmother) died in 1988 daughter(my mother) is born in 1937 and she got married in 1958. She is still alive as on date. 2) It is a joint family property and suit was filed in 2008 for partition , the said property is not partitioned as on date by metes and bounds. The will is not registered and probated till date and stands challenged Is Daughter ( my mother ) entitled to equal share along with her brother( my uncle) if so under what provisions of law/with citations/commentary if any. The uncle is of the view since father(grandfather) has died in 1948 , HSA 1956 is not applicable Regards Atul
One will need to go through the will to understand how your grandfathers property has been bequeathed to the beneficiaries. Also what are the details of the partition suit filed in 2008? Once I get clarity on these aspects I can guide you.
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