can granddaughters exercise their rights on grandfather’s property which is partitioned by her father & others?

by admin on December 11, 2011

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a grandfather dies without a will leaving his self acquired property aswell as joint hindu family property. Can granddaughters of his son exercise their fundamental right of equal rights on par with grandsons.



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father's property rights india,what is the right to grand father properties in india


{ 3 Answers… read them below or add one }

Sridhar December 11, 2011 at 2:27 am

If it has been partitioned before 2006 you have no recourse. If it is still undivided, you will get part out of your Father’s / Mother’s share only.

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vijay m Indian Lawyer December 11, 2011 at 2:27 am

The property of the grandfather that was his self acquired property which was inherited by the son who became the sole owner of the said property, hence it became his self acquired property that he disposed of by partitioning this property.
As far the joint Hindu family undivided property that was in existence and grand father was the Karta or manager of such property and following his death the son became its Karta or manager, this property can be divided amongst all the Copaceners in the said Hindu family only. The sons and daughters of the Karta are also Copaceners by virtue of their birth in this Hindu family.
The daughters too became Copacener of the undivided Hindu Mitakshara family since 2005 and shall have same share as sons in the said property.
The fact whether the partition of this Copacenary property made before the said amendment in 2005 in the Hindu Succession Act,1956 or after it is not clarified here hence no clear answer can be given. However the share of the daughters in such Hindu undivided family property existed by virtue of State amendments in the Hindu Succession Act,1956 in some Indian States much before the central amendment through the Hindu Succession (Amendment) Act,2005 this legal position cannot be ignored in the given case and if this particular case is of the particular State in India where by virtue of State amendment this law existed for providing equal share to daughters as sons in the undivided Hindu family property than by not doing so by the present Karta or manager wrong has been committed while dividing this particular property.

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Shiva Kumar December 11, 2011 at 2:27 am

You IDIOT , Why are you in the politics section ? We have far more important things to worry about ?
Why dont you consult a lawyer instead ..you piece of shit ?
Ask you relatives , friends …these are simple stupid questions which anybody can answer ?

This is the politics section where people are worried about the country that is going to dogs ..?

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