Is bua entitled to share in father's property after recent SC judgment
27-Nov-2023 (In Property Law)
Our grandfather died in feburary 2005. The property has not been divided yet. What is the procedure for our aunt (father's sister) to get her share in the property? Is she entitled to get share after recent Supreme Court judgment?
yes, she is entitled, because till today your property is undivided and her name definitely mentioned as co-sharer of the property in question. But it depends upon the facts & circumstances of the case, let me know that what is the nature of property? whether any WILL is executed or not? Whether the property is ancestral or self-acquired by your grandfather? So, in brief i can say that she can be filed a suit for partition as well as suit for declaration with regard to her share.
In this case Property will be distributed among all legal heirs in equal share. Can be settled through family settlement and then suit for declaration. Bus is not entitled as per latest SC judgment after death of father in 2005
If property is urban then you can file suit for partition by metes and bound and if property is agriculture land then you have to file case for partition before revenue authority. You should also move application before revenue authorities for getting mutation in your name as co-sharer. Similarly, before estate office if property is urban.
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