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Right of married daughter in her maternal grandfather's property


28-Sep-2023 (In Property Law)
1. My grandfather bought property in 50s. died in 1974. 2. His son (my father )got married in 1976. 3. My cousin ie my father's sister's daughter got married in 1984. Both of them my father's sister n her daughter were staying at my father's place as my aunty was widower. 4. my grandmother died in 2005. 4a. My single uncle died in 2013 w/o any heir. 5. My aunty who was staying at my father's ( grandfather's house) house also died last year. 6. Now my cousin ie my aunty's daughter saying that since her mother was staying there she has total right on that built up property. 7. My father being govt servant was away from home with family since 1980. He was regularly paying all taxes for that property. 9. He is ready give what is niece's legal share, after proper distribution. But she is adamant on the point that built up property belongs 2 her only. 10. Sending notices to my father saying he has illegally occupied her property which is still in my grandmother's name. 11. ??
Answers (2)

Answer #1
670 votes
Your cousin is not having the total right on that property built up area. Have u send legal notice to her with reference to this? or have you given reply to the legal notice send by her? As she had send notice.
Answer #2
940 votes
Hi
It will be helpful to know the following details:
1. Did your maternal grandmother have a Will in place before passing away?
2. Incase she did not have a Will the cousin does not have anylegal right on the property irespectve of their in the house due to the recent judgment that states the following:
"In a ruling that will restrict the right of women seeking equal share in ancestral property, the Supreme Court has said that the 2005 amendment in Hindu law will not give property rights to a daughter if the father died before the amendment came into force."
Further discussion can be taken up on more information.

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