Do children of deceased daughter have a right in maternal property?


Hindu Brahmin family from Himachal. Nanaji died and Nani got her name in NaNaji land. Nani had 7 daughters ..All of them married. Nani ji died and 7 daughters name included in the land. As on date 3 daughters have died. Remaining four sisters want to sell that land. My query is if the kids of these deceased sisters have a right in the sale proceeds of land. Can four sisters sell the land and divide the sale proceeds among them. The kids of deceased sisters are married women. There is no will from the deceased sisters and the land is a self acquired by NaNaji.

Answers (3)


121 votes

All seven Sisters and their Legal Hair are owner and rightfully entitled to share in the sale proceeds as per their share.the property should only be sold after share of all right holder is determined by family arrangement or determined by competent court of law.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

83 votes

Yes the property of Nanaji will be divided equally among all daughters, and the daughters who have died, their share will be divided among their children.
Unless there has been any Relinquishment Deed made by the deceased sisters in favour of other sisters, which I am hoping is not there.
This is according to the Hindu Succession Act. If the four living sisters still are Keen to sell the land and not give any share to the kin of the deceased sisters, then you can approach the court and ask for a stay.

Popular Property Lawyers


Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
20 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience
Advocate Jaspreet Singh Rai
Greater Kailash 1, Delhi
17 years Experience
55 votes

Hello client hru.
I have read Ur question as per which u wish to sell Ur nanaji property among urself with Ur sisters as u do not wish to give any money of siad property to the daughters of Ur sisters who have already died yes it possible only through legal tricks otherwise without tricks it's not possible as the children's have there full rights. But if u want we can do the need full

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."



Related Articles