Family Property
1 month ago
Hi , My Grand has 10 children (4 daughters and six sons) and my father is fifth person .
We have a home which is registered under our Grandfathers name but it was bought by my uncle and dad . My elder aunties were already married and went off that time , Since my dad's have bought that land they have registered it under my grandfather's name during 1991. My grnadfather died at 2009 , Now we are planning to part the shares only to the sons , since this land is bought by them alone . But the daughters(my aunties) are also asking for share since that property is in my grandfather's name. What do we have to do now?
A.Dear Client,
In cases where a property owner dies without leaving a will, known as intestate, all surviving family members and legal heirs are entitled to an equal share of the property according to the law of intestate succession. To claim their individual shares, a partition suit must be filed before the Civil Court. Following the decree issued by the court, the property is distributed among the family members and legal heirs. Amendments made to the Hindu Succession Act in 2005 granted women and daughters equal rights to both ancestral and self-acquired property of their parents, regardless of their marital status. This provision applies nationwide except in Jammu and Kashmir, ensuring that daughters cannot be denied their rightful claim to their parents' property.
In cases where a property owner dies without leaving a will, known as intestate, all surviving family members and legal heirs are entitled to an equal share of the property according to the law of intestate succession. To claim their individual shares, a partition suit must be filed before the Civil Court. Following the decree issued by the court, the property is distributed among the family members and legal heirs. Amendments made to the Hindu Succession Act in 2005 granted women and daughters equal rights to both ancestral and self-acquired property of their parents, regardless of their marital status. This provision applies nationwide except in Jammu and Kashmir, ensuring that daughters cannot be denied their rightful claim to their parents' property.
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A.Dear Client,
When a registered owner passes away leaving a property intestate, i.e, without any will, all the surviving family members and legal heirs are entitled to an equal share in the said property following the law of intestate succession. To obtain the individual share in the said property, a partition suit is required to be filed before the Civil Court, and based on the decree passed in that partition suit, the property is distributed among the family members/legal heirs. After amendments were made in 2005 to the Hindu Succession Act, 1956, women/daughters were given the same right as that of a son to both ancestral and self-acquired property of their parents irrespective of their marital status and the Act is applicable in all states across the country except the state of J & K. So, daughters cannot be deprived of their legitimate claim over their parents property. Reach out to an Advocate for guidance and steps.
When a registered owner passes away leaving a property intestate, i.e, without any will, all the surviving family members and legal heirs are entitled to an equal share in the said property following the law of intestate succession. To obtain the individual share in the said property, a partition suit is required to be filed before the Civil Court, and based on the decree passed in that partition suit, the property is distributed among the family members/legal heirs. After amendments were made in 2005 to the Hindu Succession Act, 1956, women/daughters were given the same right as that of a son to both ancestral and self-acquired property of their parents irrespective of their marital status and the Act is applicable in all states across the country except the state of J & K. So, daughters cannot be deprived of their legitimate claim over their parents property. Reach out to an Advocate for guidance and steps.
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