Sir,
Under hindu succession act 1956 what is share of daughter. My grandmother father has 13 acre land he was leaving home in 1945 after he went my grandmothers mother is on 7/12 extract she passed away in 1988 (no death certificate) without will she has a 1 son (live) and 2 daughter (both died) i filled suite against them (son)
then my question is what is share in 13 acre land of my grandmother as per HSA 1956.
my grandmother died in 2012"
3 Answers
Hi,
May I know how are you related to your grand-mother? Are you the son of one of her daughters?
Related article :
https://www.relakhs.com/ancestral-property-legal-rules/
Hi,
It is very tough to advice on your case, as I am not a Legal expert, do not want to mis-lead you.
If we consider this as an ancestral property then -
Kindly note that Daughters cannot inherit ancestral property if father has died before 2005. Therefore, if a person (father) had passed away before 2005, the daughter cannot claim an equal share in the property. She is however entitled to a certain amount of maintenance if she is unmarried.
If we consider this as a Self-acquired property of your grand-father, and since there is no WILL then you may fight for your share in the property. Kindly follow your legal expert's advice..
K sir my advocate said we are in legal suit with rules and regulation …my grand mother should be right in this case
Thank you sir…..
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Yes i m doughters son
Did you consult a Civil lawyer? If yes, what is their advice??
Yes they said we have share i give you family tree
Ranghubai shivram kumbharkar
(died in 1945)
Laxman shivram kumbharkar
(son of rangubai died before 1945)
Jijabai laxman kumbharkar
(wife of laxman and daughter of rangubai died in 1988 without will and no death certificate) she was mention only his son name on 7/12 as child (under 18) in 1945
Jijabai having 1 son (live) and 2 daughter (died) jijabai family tree continue as follow
Jijabai laxman kumbharkar
!
!
!————————!——————————–!
Son. Daughter. 1. Daughter2
Bhagwan. Shantabai. Varalabai
!
!
–!——————-!
Son1. Son 2
Sanjay. Rohidas
After that in 1970 bhagwan was partition all property among his son (sanjay,rohidas ) and himself intentionally because he didt wants to share property with sister .
Now my lawyer said we have share of daughter my grandmother name is (santabai) my lawyer said after father died only jijabai was the karta in 1945 we consider jijabai as head of family but after hindu sucession act 1956 jijabai is alive and all her childern are child (under age) but in 1970 property divided in only there sons family not with sister
Can we challnge the mutual entry of 1970 and can we are right track ….
Please suggest me as soon as possible
My lowyer said this is very rare condition suit ….
Sorry jijabai is daughter in law of rangubai shivram kumbharkar