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Can ancestral property be sold without giving to females of the house


27-Sep-2023 (In Family Law)
Sir We got some ancestral property comsists of a house 700sqcm and land of 10 acres.Actually this was inhered as paternal property by my grandfather(father of my father),he had 4 sons and 6 daughters.My grandfather died in 1999.But unfortunately my father and his brothers not made any partitions of above said property even my grandfather did not write and any will with registration. Now supreme court passed recently an act ( the Supreme Court has said that the 2005 amendment in Hindu law will not give property rights to a daughter if the father died before the amendment came into force. The court held that the amended provisions of the Hindu Succession (Amendment) Act, 2005. I request you to inform me can my father and his brothers divide the above said property and sell it to any beneficiary without making partition for females.
Answers (1)

Answer #1
900 votes
Hi,
Succession is both central and state subject.
Andhra pradesh government way back in the year 1986 amended hindu succession act so as to give women equal rights as men in ancestral properties.
In your case succession opened in the year 1999. So all your uncles and aunts have equal rights on the property and hence they can claim their share of property.

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