Grandson has right in maternal grandfather's property


My maternal grand father had 2 sons and 1 daughter. He died in 1972. ( Intestate with out will).My mother was one of the daughter, she was born in 1945 and died in 1987. The Hindu succession Act 1956 but my mother was born before 1956 Act How can I eligible for my maternal grandfather property.

Answers (2)


296 votes

Since your mother's father died in the year 1972, the amended act of Hindu Succession act came into force from 1956 will be applicable to this situation.

Thus as per the amended act she (your mother) is entitled to a legitimate share in her father's intestate property.

She can claim her share by filing a partition suit but since she is not alive now, it should e see whether the claim for partition and a share by her legal heirs is sustainable or barred by limitation act or under operative clause of adverse possession.


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292 votes

It seems you have slept over your right for a long considerable period of time. Even if you establish that your mother is holding a share in the property i.e., lets assume it is a self acquired property of your Maternal grandfather and naturally on his death your mother has obtained a share in the property. But she has not claimed it directly during her life time. And after the demise of your mother you have not taken any steps to claim her share for nearly 28 long years. This delay has to be condoned by the court on citing a valid reasons.

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