Dear Client,
Yes, she may claim as per law.
Grand daughter claimed her first notice on mother's father property and she asked to share the property within 15 days as per the notice .Indeed we were 3 daughters, 1 son and 1 daughter is not alive,and her daughter claimed notice for property so give me a legal advice.We want to confirm that her notice is valid or not as per law.
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If grandfather is alive and his self earned property than she can't claim.
If grandfather is not alive than also she can't claim for property if her mother is not alive because it's not ancestral property.
To check her family tree and property is still under HUF undivided than need to check all those papers.
The granddaughter is entitled to the share of her deceased mother out of her deceased grandfather's property.
The legal notice, if the situation explained now is confirmed, is very much valid.
1. Assuming that your grandparents died intestate ( without executing a WILL ), then the entitlement to the share in the property devolves equally to their children.
2. As per your narration, the grandparents had begetted 4 children, i.e., 3 daughters and 1 son.
3. So the entitlement to the property will be 1/4th share each has to get.
4. In case of deceased siblings, i.e., one sister and one son, their children are entitled to the main share. In other words, your deceased sister's 1/4th share will be shared equally amongst her children and similarly your deceased brother's 1/4th share will be shared equally amongst his children.
5. If your deceased sister's daughter has sent you a legal notice for her share ( out of her deceased mother's share ), then it's her legally valid claim.
Grand daughter can only claim her mother's share. Mothers side property is not a ancestral property as per HS Act. So there is no matter of right for her share but she can always claim mothers share.
Yes,Definitely. Her notice is valid as per Hindu Succession Act 1956.
Grand daughter has no share during her mother lifetime
on mother demise she along with her siblings can claim mother share in property
Dear Ma'am,
Please provide the following details:
1. What is the nature of the property of grandfather? Is is self acquired or ancestral property? Please note: Ancestral property is one which is running from 4 generations.
2. By any chance, is the grandfather still alive?
3. When did the daughter (who's daughter is claiming now) pass away?
4. Has there been any formal partition of the properties of the grandfather?
We will be able to answer accurately only upon knowing these details.
- If your mother is alive , then none having right to claim over the property of her fathers property , only after her death , the property would be devolved upon her legal heirs.
- Hence, if already died , then the said granddaughter can ask for her share in the property of her mothers father after sending a legal notice .
Try to understand reply , as i have also mentioned the same.
Dear Sir/Madam,
Though she has the rights but you are suggested to submit the strong reply of the same and ask for the compensation for damages and mental agony caused due to that notice.
In Indian law there is no stage called “admission” in civil suit. In law it is not maintainable and you can get issue a fitting reply to her. Even then if she files any partition then you are advised to file an interim application under order 7 rule 11 of civil procedure and fight on the maintainability of the suit and never allow it to go for trial. More over 12 years is the limitation to file any partition suit. Discuss.
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The limitation for filing the suit for partition und... Article 65 of the Limitation Act, 1963 is 12 years when the cause of action accrues to the plaintiff. In the instant case the cause of action for filing the suit for partition ac..., the suit is barred by limitation.
http://comtax.up.nic.in/Miscellaneous%20Act/limitation-act-1963.pdf