Woman's right on the property of grand father

946 votes

After the amendment was passed in 2005, the only restriction to remain was that women could not ask for a share if the property had been alienated or partitioned. Grandchildren cannot claim a share in the self-acquired property of your grandfather if it had been allotted to your father in a family partition in his capacity as legal heir. The provisions of Hindu Succession Act will apply.
In your case, you cannot claim any right on grandfather's property, until and unless he has made a will in your favor.
Supreme Court has also stated that a daughter would have a right in the ancestral property inherited by the father only if both the daughter and the father are alive at the time of commencement of the Amendment Act. No distributions of such properties of persons who passed away prior to 9 September 2005 can be re-opened or questioned by daughters. For the sake of clarity, it may be noted that the position with regard to succession to any self-acquired property (as against coparcenary property) of a Hindu male dying intestate remains unchanged, with the daughter being entitled to a simultaneous share in such self-acquired property as the son (in the absence of a will stating anything to the contrary).

Advocate Darsh Pareek LawRato

631 votes

Woman's right to the property of grandfather is as follows:
If the father is alive then no right in grand father’s property.
If the property is ancestral, and father is not alive then granddaughter can seek her share in her father’s share.

Advocate Syed Zakawat Ali LawRato