My grandfather had purchased a plot and left no will.He has passed away in 1981. My grandfather had one son (my father) and one daughter ( my aunt). Both my father and aunt have also passed away . The property has to be transferred to my mother's name. Can my aunt s legal heirs ( her daughter s , no sons) claim this property. How do we transfer the property to my mother's name. Kindly look into and advice. Plot is near CHENNAI Tamil Nadu.
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1) on demise of your grandfather your father and aunt had equal share in the property standing in name of grand father
2) on your father demise his share would devolve on your mother , you and your siblings . you and your siblings can relinquish their share in property
3) your aunt share would devolve on her husband and her daughters
4) only if aunt legal heirs relinquish share in property would it be transferred in name of your mother
I understand that the new rule has come into effect from 2005 for the Hindu succession act which states that the daughters would not be entitled to equal share if father had died prior to September 9, 2005, also coparcener rights are applicable to “living daughters of living coparceners as on September 9, 2005, irrespective of when such daughters are born.” Since my grandfather , father and aunt passed away before 2005. What will be the status of this case.
It is grand father self acquired property
2) the amendment of Hindu succession act deals only with ancestral property
3) amendment is not applicable in present case as it is self acquired property of grandfather
The property has to be transferred to my mother's name. Can my aunt s legal heirs ( her daughter s , no sons) claim this property. How do we transfer the property to my mother's name. Kindly look into and advice. Plot is near CHENNAI Tamil Nadu.
Your grandfather's property, upon his intestate death shall devolve equally on all his legal heirs.
You, your mother and your siblings can avail or inherit only your father's share in that property and not the entire property.
Your paternal aunt's legal heirs are entitled to the other half of the property as a right.
You cannot transfer the entire property to yor mother's name, it will be illegal and not binding on the rival claimants.
They may file a partition suit and claim ther legitimate and rightful share through court and at that time you may have to give their share or else court will take legal action to get them their respective share in the property.
Since my grandfather , father and aunt passed away before 2005. What will be the status of this case.
Dont misinterpret the law in your favor. Try to understand the law properly.
This is not ancestral property to your paternal aunt.
It is her father's property to which she is entitled to a share as a right.
This amendment to Hindu succession came into effect in the year 1956 and your grandfather died in the year 1981 only.
Your aunt being a legal heir is entitled to a share in her father's property as a right and upon her death her own legal heirs are entitled to inherit her share of property.