Legal Question in Civil Rights Law in

My grandfather has a self acquired property, which includes agricultural land and one house. He has three daughters and one son. Son is mentally retarted. At the time of first daughter's(A) marriage, my grandfather gave good amount of gold, cattle, and money as a tradition. At the time of first daughter's marriage(before 1960), my grandfather did not acquired any property. After her marriage he self acquired some land. My grandfather gave some land to second daughter (B) in her marriage (in 1977)(transferrd on her name). My grandmother's self acquired is given to third daughter (C) in her marriage in 1995 (transferred on her name). My grandmother has no property in her name after giving her self acquired property to third daughter (c). My grandfather still has some self acquired land, which is transferred in the name of my grandmother and mentally retarted son before his death in 2004. The first daughter (A)of my grandfather also died in 2004. Now, the two son's of first daughter (A) has filed a case on all the lands of daughter B and daughter C, and lands of grandmother and mentally retarted son, as per Hindu succession ammendment of 2005 that her mother did not get equal share in the property as per ammendment act 2005, and they want their mother's share of total lands self acquired by my grandfather and grandmother.

1)My grandfather gave gold, cattle, and money in marriage of daughter (A) (before 1960), "A" expired in 2004. Daughter A's sons filed case for their mother's share.

2) My grandfather has transferred some if his self acquired land to his daughter (B) in her marriage (1977).

3) My grandmother has transferred total self aquired land to daughter (C) in her marriage(1995).

4) My grandfather died in 2004 and he transferred remaining selfacquired land on the name of my grand mother and mentally retarted son before dying.

5) No my grandmother and mentally retarted son are alive and are old aged(grand mother 85, and mentally retarted son 60). They both got some land registered on their name transferred from my grandfather's self acquired property before his death in 2004.

Please let me know if the transferred property from selfacquried property my grandmother to daughter (C) and selfacquired property of my grandfather property transferred to daughter (B) will be effected in any way.

Daughter (B) and her husband are taking care of my grandmother and mentally retarted son. Now my grandmother want to transfer property on her name ot daughter (B) as she is taking care of her and her son's well being from many years. Daughter (C) and Daughter (A's)sons are not taking care of them.

Will the total land (grandfather and grandmother self acquired) be divided between all the three daughters A(sons), B, and C.

Can my grandmother transfer property on her name transferred by her husband(my grandfather) to only daughter (B), who is taking care of my grandmother and mentally retarted son of grandmother.

Are the daughter (A's) son right by asking for their mother's share in total land of daughter B, Daughter C, and land of grandmother and her metally retarted son.

All the properties are selfacquired. nothing is ancestral. Daughter A died in 2004, before the ammendment of hinduc succession act 2005. will any share go to son's of daughter A of total lands or land of my grandmother and her mentally retarted son.

Please help me. its urgent...Want clear advise.


Asked on 10/08/10, 1:38 pm

1 Answer from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

yes, daughters have an equal share as answered earlier...even in the properties held in the name of mother and son, purchased with father s money.

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Answered on 10/09/10, 9:12 am


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