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Indian Law/Grand daughter's right on ancestral property after father dies.


My father is no more and he was having 4 brothers and 2 sisters. We are 2 daughters of my father. After my father died my mother got married to someone else. I stay with my mother only. My elder sister got married 7 years back. My grandfather is still alive and I believe he has shared his ancestral property among his existing sons. My questions are
1) If father dies, can his daughter claim for property of grandfather.
2) Does it matter, where does the children brought up after father dies?
3) If the children staying with their step father after father dies but not legally adopted can the grand daughter claim property of grand father.
4) If Grandfather has already made a will sharing the property among the existing sons and daughter and not given anything to one of the sons daughter after he passes away, can the grand daughter file a case in court for property claim.

I request to the one who is going to answer my query, Please assume all the consequences related to this case and clarify it. Its very important for me.

Thanks in advance

After the death of your father, if he died without making any will,then the properties if any, left by him will pass on to his legal heirs, as per the provisions of the Hindu Succession Act,1956.Legal heirs have been well defined in the said Act and in case the deceased was a male then his Class I & Class II heirs will be as under:
Class I relations
•   Son/Daughter
•   Widow
•   Mother
•   Son/Daughter of a pre-deceased son (per-deceased means “already Dead”)
•   Son/Daughter of a pre-deceased Daughter
•   Widow of a pre-deceased son
•   Son/Daughter of a pre-deceased son of a pre-deceased son (3 levels)
•   Widow of a pre-deceased son of a predeceased son
Class II relations
•   Father
•   Brother/Sister
•   Son’s daughter’s son/daughter,
•   Daughter’s son’s son/daughter
•   Daughter’s daughter’s son/daughter
•   Sibling son/daughter
•   Father’s Parents
•   Brother’s widow
•   Father’s sibling
•   Mother’s parents
•   Mother’s sibling

For further details,please consut a suitable lawyer.

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Arun Kumar Maitra


Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.


I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore



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Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

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I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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