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Indian Law/about property division between me and my uncles

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QUESTION: sir.. my grandfather died about ten years ago and my father also died at the same time. that time i was a kid and all the property was with my uncles and i have nothing yet. now i am 21 and i want to have all that belongs to me. my grandfather had no will about the property. i want to know whether i wll get my share in all the property that they have like land, buildings on rent etc. if yes what is the procedure please tell me

ANSWER: 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 etc.as 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.
In view of the above,in the instant case,property left by your father will devove as per the Succession Certificate to be issued by the court.You shall certainly get equal share in it alongwith other class-I heirs.
Please consult a lawyer for further advice on the matter.

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QUESTION: there is a building which was made by my grandfather. it was not given to anyone by my grandfather. now my uncles say that they want to give it to my grandmother. by doing this they actually want to play politics with me because if they give this building to grandmother the very next day she will give it to anyone she wants. now my question is whether my grandmother has this kind of rights ?? and if yes then whether my uncles can give that building to her even if i do not agree with that ?? i have equal rights in that building as my uncles as you said earlier ....kindly clearify

Answer
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 etc.as per the order prescribed in the Act.
Accordingly, property left by your grand-father shall be distributed after his death.However,an application has to be made to the court for issue of the Succession Certificate and it can be made by any of the beneficiaries including yourslf.
In view of the above,please take necessary action in the matter in consultation with a Lawyer.

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Arun Kumar Maitra

Expertise

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.

Experience

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.

Organizations
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

Publications
Nil.

Education/Credentials
M.Com;LL.B;A.C.A;A.C.S.

Awards and Honors
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.

Past/Present Clients
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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