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Indian Law/What are the legal ways to claim my own share on my parent's property ?


There are 2 pieces of lands -
- Land A was owned by my grand father
- Land B was owned by my grand mother

After death of my grandfather, my grandmother gifted (gift deed) Land B to her 2 sons (my father & my uncle). And my grandmother & my younger aunty (her daughter) gifted their ownership on land A to my father & uncle.

Now, my father passed away 2 years ago. So, legal heirs of my father are
- My mother
- Me & my 3 siblings
- My grandmother.

a) Did my grandmother have any claim on the lands again, as legal heir or owner of my father?
b) I have 2 aunties; younger aunt gifted her portion as legal heir of my grandfather to my father & uncle. But my elder aunt was dies many years ago and she had 2 children. Did they (Children of my elder aunt) have any claim in this property?
c) My uncle occupied most of the land, on basis of a verbal discussion with my father over 6 years (nothing official / legal); did he can claim ownership for entire land occupied by him?
d) What are the legal ways to claim my own share on the lands?
e) Now my younger aunty also paying interest at the property. Is there any way to re-claim ownership at property?

If a male Hindu dies without making a "WILL",then the wealth left by him are distributed amongst his legal heirs preferably equally to his class-I heirs comprising son,daughter,widow,son/daughter of a predeceased son/daughter etc. and otherwise to class-II heirs comprising father,brothers/sisters per the order prescribed in the Act.However,prior to amendment of the Hindu Succession Ac,1956 the daughters were excluded from participating in the coparcenaries ownership and thus discriminated  on the ground of  gender. It also led to oppression and negation of her fundamental right of equality guaranteed under Article 226 of the Constitution of India. Parliament felt the same and accordingly decided to make in necessary changes in the law.  Accordingly, Section-6 of the Hindu Succession Act, 1956 was substituted by a new provision vide the Hindu Succession (Amendment) Act, 2005 under which  daughters who were born and married before 1956 are also entitled to get a share in the property left by a deceased person.
The property of a Hindu female dying intestate, or without a will, shall devolve in the following order:
1. upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband,
2. upon the heirs of the husband.
3. upon the heirs of the father, and
upon the heirs of the mother.
Therefore,in the instant case,after the death of your grand-fathers,his wealth  would devovolve as per the last desire made in his WILL,if any and in the absence of the same, equally amongst his wife and children subject to issue of the Succession Certificate by the court.However, if father died prior to the coming into force The Hindu Succession Amendment Act,2005 then his daughters will get no share in it.
Once a vaild Gift-Deed is excuted and registered,the ownership of the property passes to the donee.
In the case of immovable property , no transfer takes place ,unless a Transfer-Deed is excuted and registered.
In view of the above,your uncle cannot acquire any right to the land,unless a Conveyance-Deed was excuted and registered.
You are certainly entitled to claim share in your father's property provided your fatyher made a Will in your favour.However, if he died without making any "Will",then also you shall be entitled to claim a share as per the provisions of the Hindu Succession Act,1956.
Since your aunty gifted the property to your father and uncle,she cannot re-claim ownership of the prperty.
Please take appropriate actions in consultation with a 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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