• Ancestral property distribution

My grandfather has a property. He died in 1991. My grandmother died in 2006. There was no will made. My grandfather has 2 sons and 4 daughters. Out of my grandfathers two sons , the elder son has passed away, i am his son, my mother is alive. all my 4 aunts are married. 1 aunt is a widow. as per Hindu succession act 2005, property should be divided between two sons only in absence of will. Please advise.
Asked 8 years ago in Property Law
Religion: Hindu

8 answers received in 1 day.

Lawyers are available now to answer your questions.

8 Answers

The 2005 amendment to HSA makes daughters coparceners in the same breath as sons, but it is not applicable to the facts of your case as the property of your grandfather is not ancestral in your hands. The children of your grandfather succeeded to his property through succession on his demise. The share of your aunts is at par with their brothers.

Ashish Davessar
Advocate, Jaipur
30780 Answers
974 Consultations

1. Do note that since you are from West Bengal where only Dayabhaga school of succession applies , there is no concept of ancestral proeprty which is liable for division among male heirs only.

2. So in your case on the death of your grand parents the proeprty of them would be equally divided among all his sons and daughters whereby your father gets undivided 1/6th share.

3. So your father will have to divide the proeprty preferably by way of mutual deed of partition among his brother and sisters.

Devajyoti Barman
Advocate, Kolkata
23322 Answers
522 Consultations

As per latest Sc judgment daughter's right to ancestral property does not arise if the father died before the amendment to Hindu law came into force in 2005. The father would have to be alive on September 9, 2005, if the daughter were to become a co-sharer with her male siblings. The amendment to the Hindu Succession Act giving daughters equal rights to ancestral property is applicable even for girls born before the law was changed in 2005

Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner. The rights in ancestral property are determined per stripes and not per capita. This means that the share of each generation is first determined and the successive generations in turn sub divide what has been inherited by their respective predecessor.

Your grandfathers property does not comes under the head ancestral property . So after the death of Grandma and Grand father the property divided equally among his legal heirs( His Childrens). Your father is passed away then his share is allotted to his legal heirs(you and your mother )

Ajay N S
Advocate, Ernakulam
4097 Answers
113 Consultations

The share of every child of your grandfather is 1/6th. The share of elder son who is dead has further devolved on his surviving class 1 heirs.

Ashish Davessar
Advocate, Jaipur
30780 Answers
974 Consultations

1) on grand parents demise your father had one sixth share in the property standing in name of grand father

2) the share of pre deceased son shall devolve on his legal heirs ie wife and children

3) all 4 daughters have equal share in property .

Ajay Sethi
Advocate, Mumbai
97461 Answers
7880 Consultations

1) as mentioned earlier your mother , you and your siblings would rec ive only one sixth share in case the property is sold

Ajay Sethi
Advocate, Mumbai
97461 Answers
7880 Consultations

This is an intestate succession of yor grandfather's properties.

His legal heirs consisting his 2 sons and 4 daughters are entitled to an equal share in his properties.

In the event of death of any legal heir to your grand father, then the legal heirs of the deceased heir are entitled to that share equally among themselves.

Thus you, your mother and other siblings are entitled to 1/6th share out of or grandfather's properties towards the share of your deceased father.

The amendment to the succession act in the year 2005 to the HSA shall not be applicable to this position of law.

T Kalaiselvan
Advocate, Vellore
87657 Answers
2353 Consultations

so if we sell the property how many share will be divided into. Please note property is in Siliguri, West Bengal.

The property shall be divided into six equal parts and out of this you and your family members shall jointly get one such equal share.

T Kalaiselvan
Advocate, Vellore
87657 Answers
2353 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer