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This clause has been scrapped all kith and kins have equal shares as per nthe hindu Succession Act.Refer below: The Hindu Succession Act, 1956, is a law that was passed by the parliament of India in 1956 to amend and codify the law relating to intestate or unwilled succession, among Hindus. The Act lays down a uniform and comprehensive system of inheritance and applies to persons governed by both the Mitākṣarāand Dāyabhāgaschools . It is hailed for its consolidation of Hindu laws on succession into one Act. The Hindu woman's limited estate is abolished by the Act. Any property possessed by a Hindu female is to be held by her absolute property and she is given full power to deal with it and dispose it of by will as she likes. The Act was amended in 2005 by the Hindu Succession (Amendment) Act, 2005. Contents [hide] 1 To whom does it apply? 2 In the case of males 3 In the case of females 4 Certain exceptions 5 Amendments 6 References 7 External links [edit]To whom does it apply? The Hindu Succession Act applies to all those who practice the Hindu religion as well as those who fall under the term Hindu within the Indian Legal system, including Buddhists, Jains, and Sikhs. Unlike Muslim law, Hindu law outlines different heirs for males and females. Likewise, the Hindu Women's Rights to Property Act, 1937, abolished the belief that sons were the exclusive heirs to their father's property. In the past those who were physically handicapped, diseased, mentally handicapped, or who suffered from moral lapse, such as conversion, excommunication and unchastity, where disqualified from inheriting. The Caste Disabilities Removal Act, 1850, removed the disqualification of moral lapse, and the Hindu Inheritance (Removal of Disabilities) Act, 1928, removed the disqualification on the grounds of all physical and mental handicaps. [edit]In the case of males The property of a Hindu male dying intestate, or without a will, would be given first to heirs within Class I. If there are no heirs categorized as Class I, the property will be given to heirs within Class II. If there are no heirs in Class II, the property will given to the deceased’s agnates or relatives through male lineage. If there are no agnates or relatives through the male’s lineage, then the property is given to the cognates, or any relative through the lineage of males or females. There are two classes of heirs that are delineated by the Act. Class I heirs are sons, daughters, widows, mothers, sons of a pre-deceased son, daughters of a pre-deceased son, sons of a pre-deceased daughter, daughters of a pre-deceased daughter, widows of a pre-deceased son, son of a, pre-deceased sons of a predeceased son, daughters of a pre-deceased son of a pre-deceased son, and widows of a pre-deceased son of a predeceased son. If there is more than one widow, multiple surviving sons and daughters, or multiples of any of the other heirs listed above, each shall be granted one share of the deceased’s property. Also if the widow of a pre-deceased son, the widow of a pre-deceased son of a pre-deceased son or the widow of a brother has remarried, she is not entitled to receive the inheritance. Class II heirs are categorized as follows and are given the property of the deceased in the following order: Father Son's daughter's son Son's daughter's daughter Brother Sister Daughter's son's son Daughter's son's daughter Daughter's daughter's son Daughter's daughter's daughter Brother's son Sister's son Brother's daughter [edit]In the case of females Under the Hindu Succession Act, 1956, females are granted ownership of all property acquired either before or after the signing of the Act, abolishing their “limited owner" status. However, it was not until the 2004 Amendment that daughters were allowed equal receipt of property as with sons. This invariably grants females property rights. The property of a Hindu female dying inestate, or without a will, shall devolve in the following order: upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband, upon the heirs of the husband. upon the heirs of the father, and upon the heirs of the mother. [edit]Certain exceptions If within the inheritance a home is included, in which the heirs of the deceased are living, and the heirs are both male and female, the female heir is not allowed to request partition until the male heir chooses to divide their respective shares. If this female heir is a daughter, she has the right to reside in the home if she is unmarried, divorced or widowed. Any person who commits murder is disqualified from receiving any form of inheritance from the victim. If a relative converts from Hinduism, he or she is still eligible for inheritance. The descendants of that converted relative, however, are disqualified from receiving inheritance from their Hindu relatives, unless they have converted back to Hinduism before the death of the relative. [edit]Amendments The Hindu Succession (Amendment) Act, 2005, amended Section 6 of the Hindu Succession Act, 1956, allowing daughters of the deceased equal rights with sons. In the case of coparcenary property, or a case in which two people inherit property equally between them, the daughter and son are subject to the same liabilities and disabilities. The amendment essentially furthers equal rights between males and females in the legal system.[1] [edit] more  

When partitioning of the assets is taking place only now the same has to be done as per current law in force. This means that your mother has a right to the inheritance same as her brothers. Only if the daughters pre-deceased your grandfather can there be some doubt about the position of their legal heirs. It is better to speak to respectable informed persons along with your uncles and ensure an amicable settlement of the issue. You could file a suit but it would drag on for years. Kinship has its value as well. L.Kalavathi Retd. Bank Official Chennai, Tamilnadu India 14th May 2018 more  

it depends upon the nature of the property . Is it ancestral or self acquired one? more  

Thanks Mr.Bellie for your valuable information. more  

All the women married or unmarried have equal rights in ancestral property irrespective of their year of birth. Engage senior Advocate to contest the matter. more