my grandpa has 7 children,one elder son and 6 daughters(including my mom,she has married in 1982).my grandpa passed away in 1970's without writing a will.
can the daughters claim the property,and how much will they get there share.
is it by equal mesures
we are hindu's residing in karnataka.please help us regarding this
2007-10-04 12:36:13 · 13 answers · asked by shiva 1 in Politics & Government ➔ Law & Ethics
The parties to this case are Hindu by religion & hence Hindu Succession Act, 1956 applies in this case. Section 10 Rule 2 applies to this case whereby the class 1 heirs i.e. the surviving sons and daughter and the mother of the intestate shall each take one share. As you state this man did not leave any will or testamentary document regarding the devolution of his property hence he is a man who died intestate. In this case your mother gets one seventh of the share out of the whole property left by your grand father.
2007-10-04 16:55:51 · answer #1 · answered by vijay m Indian Lawyer 7 · 6⤊ 1⤋
Fraginal - This is a matter of Indian (as in country) law, not US law.
Thel legal principles are different, and have been undergoing rapid change during the time period in question.
That being said, fro the Asker, are you saying that your grandpa died 30+ years ago and the estate is still not settled?
If not yet settled, then the attorney on the case are best to answer your question.
If settled long ago, then settled is settled, a nd you would need extraordinary grounds to revisit it I am sure.
If the sisters want to appeal to the brother for somethign they wish happened 30 years ago, I suggest an emotional appeal rather then a legal one. But I wouldn't expect anything other then family rifts and trouble if pursued at this late date, in any culture.
I sense a really sad story behind this question!
2007-10-04 19:49:57 · answer #2 · answered by Barry C 7 · 1⤊ 0⤋
As per Indian Law , your mother will be getting an equal amount of your grandpa's property and you will be getting the share as per your mother's wish. But your mother has to file suit against her mother, sisters, or brother if they do not consider her for the property share. Yours VRVRAO
2007-10-06 11:04:44 · answer #3 · answered by Raghavendra R 5 · 0⤊ 0⤋
Truly it has been said "Where there is a will, there is a relative".The old saw hereby stands modified by me.
Of course,your mom is certainly entitled to an equal share of your grandpa's assets both
movable and immovable.
2007-10-08 15:14:05 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Hindu Civil law does not allow any property rights to females. Equal rights and women liberation are just fancy statements. Consult a lawyer if you want to be clear.
2007-10-05 14:36:16 · answer #5 · answered by Anonymous · 0⤊ 1⤋
all seven brothers and sisters have an equal right on this property.. the share of all seven persons is 1/7 each.
2007-10-04 19:48:37 · answer #6 · answered by delta 7 · 1⤊ 0⤋
Yes, daughters can claim equal share.
2007-10-04 20:14:59 · answer #7 · answered by ArgumentativeButNotInsulting 4 · 1⤊ 0⤋
Women and men are supposed to be treated equal under the laws.
2007-10-04 19:40:27 · answer #8 · answered by FRAGINAL, JTM 7 · 1⤊ 0⤋
Hi there !
I think, "yes"..
but confirm from a legal advisor who will guide you better !
The variety of answers possible here in this column, may confuse you further ! okay ?
best wishes !
2007-10-04 19:56:31 · answer #9 · answered by suresh k 6 · 1⤊ 0⤋
yes a womaan can claim equal rights because she has equal right or more duty than a man.so i think she should have atlest equal rights if not more than a man.
2007-10-04 19:47:50 · answer #10 · answered by deep sandhu(usa) 3 · 1⤊ 0⤋