sureshsbk
in Property Law
Asked June 13, 2015

rights in property

  • 1 Answer
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my maternal grandma's 2nd husband (late) brought a 2-portion home on MGM's name.My ma is MGM's 1st husband's child.My ma grown up at her MGM's home (i.e. my MGM's ma).MGM has another daughter with 2nd husband. My ma and her sister (i.e 2nd husb's daughter-my aunt) constructed 2-portion building in 1997 after some years 1st floor&2nd floor constructed.Current meters, water, property tax on mgm's name at first, later included aunt's name in taxes and a current meter before constructing 1st floor. Now i knew this MGM's 2nd marriage & aunt's father is another one. Now MGM, aunt's family trying to vacate us by irritating, stopping water, etc, yelling incidentally. My mother depressed with all their behavior. MGM getting pension as her 2nd husb (late) railway employee&tot.pension give to aunt What r rights my ma to get home?What r rights my ma to get her mgm part of pension?Right from beginning MGM give pension to aunt

Answer 1

Default avatar
Shruthee Srinivasan
As per the Indian Succession Act, 1925, if a Hindu Female dies without writing a valid will then her own wealth will be distributed as under, in this order -
  • The son and daughters and the husband.
  • The heirs of the husband.
  • The mother and father.
  • Heirs of the father.
  • Heirs of the mother.
  • Property acquired from Husband - If the women has acquired any property from her Husband, in that case the first right will be of the heirs of her husband, in case of absence of her sons or daughters. Thus, the question to be answered here is whether the maternal grandmother acquired the said house property from her 2nd husband or it was her own property to begin with. Given the fact situation it does seem to be the case that since the house was bought in her name, it can be safely assumed to be MGM’s self-acquired property even if it was bought by her husband. Section 27 of the Indian Succession Act, 1925 clearly states that as far as succession matters are concerned, the law will not discriminate between those related to the deceased person by full blood and those related by half blood. However, it is important to note that such a relationship must be with the deceased, and not the spouse of the deceased. [1] Now, the question of inheritance with respect to this house property will be the same for the aunt and the mother, since both of them are MGM’s daughters. Therefore, her property will be divested among her daughters, equally. However, here, the aunt seems to have a larger share in terms of having the electricity bill and other meters in her name. But after MGM’s death, the proceeds from her property must be divided equally among her heirs i.e. both her daughters.[2] With respect to the second issue of availing the pension, the family pension scheme is available only to the dependants of the deceased i.e. the second husband of MGM. It is to be noted that the mother (MGM’s first daughter) is not a dependant of the deceased, and is therefore automatically ineligible to receive the pension amount. Moreover, married daughters are ineligible for availing the pension amount under the said scheme.[3] Therefore, only the aunt is eligible to get the pension on behalf of her own deceased father (provided she is still unmarried). [1] http://www.lawyersclubindia.com/forum/No-Succession-to-Step-Children-25227.asp#.VZP5-vkirIV [2] Indian Succession Act, 1925 [3] See Scheme for Payment of Pension to Central Government Civil Pensioners, Available at CS No 4, UO No 1(7) 1(2000)/TA/377
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