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Author Topic: Undivided property form my maternal grandfather ancestral property.  (Read 770 times)

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Offline pradeep61

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My maternal grandfather (motherís father) who owned his ancestral property in Karnataka state India died in the year 2005.

He had two heirs one my mother and my uncle.

My mother died in the year 2000 and grandmother died in the year 2006.

No partition has been done till date.

As a grandchild of my maternal grandfather do I have a share in maternal grandfather ancestral property?

According to Hindu succession act 2005, Can I file a partition suit in the civil court and get my share?

Regards,
Pradeep Kumar

Offline adv.amarnath

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Re: Undivided property form my maternal grandfather ancestral property.
« Reply #1 on: September 09, 2015, 05:57:16 AM »
No as per Hindu Succession Act, you have not received any property from your maternal grand father as your mother died prior to your maternal grand-father. Property of your grand father has not devolved upon your mother. If your mother died after the demise of your grand father then you could have get her share.

Presently Your maternal uncle is the sole owner. Filing a partition case will be waste of time and money.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline livelythoughts

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Re: Undivided property form my maternal grandfather ancestral property.
« Reply #2 on: December 21, 2015, 11:29:31 PM »
pradeep61, Hope this below information would be useful to you, have a read over it.

After Hindu Succession (Amendment) Act, 2005

Under 6 (3) (b) of Hindu Succession Act, 1956 Where a Hindu dies after the commencement of the Hindu Succession (Amendment) Act, 2005, his interest in the property of a Joint Hindu family governed by the Mitakshara law, shall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship, and the coparcenary property shall be deemed to have been divided as if a partition had taken place and the share of the pre-deceased son or a pre-deceased daughter, as they would have got had they been alive at the time of partition, shall be allotted to the surviving child of such pre-deceased son or of such pre-deceased daughter.

After reading this provision u can know whether u would waste your time and money or u would gain out of your time and money.

Offline pradeep61

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Re: Undivided property form my maternal grandfather ancestral property.
« Reply #3 on: December 30, 2015, 02:08:23 AM »
Thanks lively Thoughts,

Thanks so much for the section you replied for my concern and i would like to tell that i have already invested both time and time.

I have  already filed partiton suit in the court .

Once again thanks for the advice.

Regards

 

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