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Author Topic: Married women's right on father's self acquired property..  (Read 213 times)

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Offline sree

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Married women's right on father's self acquired property..
« on: February 24, 2018, 09:16:03 AM »
My mother, she is a Hindu ,89years old(TAMILNADU).she was married in the year 1935.Her father died in the year 1958 and mother died in the year 1984.she has two brothers and a sister.Will my mom get her share on her father's self earned property, which was not partioned or made any legal divisons till 2005 December. We filed a case on 2008 against her brothers who is refusing to give share in the property...the case is still in the court.Legal experts advice needed...will my mom get her share in the property..?Thank you...

Offline advdesai

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Re: Married women's right on father's self acquired property..
« Reply #1 on: February 25, 2018, 06:12:19 AM »
It all depends upon when did your grand father die.
was it before the amendments of the succession act?
If yes no chance.

if no than 100% she has a claim.
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Offline kalaskarkk

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Re: Married women's right on father's self acquired property..
« Reply #2 on: February 25, 2018, 10:48:49 PM »
Dear Sir,

Your mother is entitled for share. The principles of inheritance is as follows:

What does the grandparent's property law in India state? Does the grandson own the right to the property?
All property's owned by a Hindu person devolves onto his class one legal heir's.

Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir)

Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally.

Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.

Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.

Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.

To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner.

Hope this brings some clarity to your question and your sense of entitlements.
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification

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Re: Married women's right on father's self acquired property..
« Reply #2 on: February 25, 2018, 10:48:49 PM »

 

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