Deceased daughter children have right to claim one fourth share of deceased daughter
on demise of daughter her share would devolve on her husband and children
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Ayyappa (who is expired now) gave 3.36 acers land to a cement factory in a acquisition process in 1952.He has 3 Daughters and one Son .. Among this one daughter and one son expired. Now the family is trying for reclaim the land given to Cement Factory ..The Daughter who expired has two daughters. One of these two is wife of Ayyappa's Son who is Alive ..Want to know whether these two daughters of expired ayyappa daughter are legally eligible to be get the Portion of the land that has to be fought and reclaimed Local Advocate has given option only Ayyappa's Son (Who is Alive),Ayyyappa Daughter (Who is Alive) and Wife and her Kids of Ayyappa's Son (who is expired) are eligible to get their names in the RTC Not the Daughters of Ayyappa Daughter (Who is expired) Want Legal Opinion on this
Asked 4 months ago in Property Law
Religion: Hindu
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7 Answers
If he has sold his self acquired property then no one can reclaim it. Legal heists will be his mother, wife and children.
The legal heirs of deceased Ayappa are the successors in interest to succeed to the estates of deceased Ayappa, which includes the legal heirs of the deceased legal heirs of Ayappa.
Therefore whoever comes in the line of legal heirs or legal heirs of deceased legal heirs are eligible to claim the proposed claim for getting back the land given to cement factory.
two daughters of Ayyappa's deceased daughter are legal heirs and entitled to inherit her share of the property.
All legal heirs, including the granddaughters, should be included in any legal proceedings to reclaim the land
Two daughters of expired daughter are very much entitled to share in the property as right to share is by survivorship as per amended provision of Hindu Succession Act.
- As per law, after the demise of Ayyappa , his all legal heirs having right to claim his property
- Further, after the demise of any of the legal heir , his /her legal heirs having right to claim the share of his /her parents.
- Hence, after the demise of Ayyappa , his grandchildren are also entitled to get share in the property .
Dear Client,
According to the Hindu Succession Act, the daughters of Ayyappa's deceased daughter are eligible to inherit their mother's part of Ayyappa's property. This is because they belong to the Class I heirs category, which gives them the right to inherit. Class I Heirs: Includes sons, daughters, widow, mother, sons of a predeceased son, daughters of a predeceased son, widow of a predeceased son, sons of a predeceased daughter, and daughters of a predeceased daughter, among others.
