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A woman's rights on father's property.
17-Oct-2023 (In Property Law)
My mother has 2 brothers, one elder and one younger. My mother's father is deceased and mother's mother is well alive. My uncles claim that my mother does not have any right to her father's property. But according to the research I have done Indian succession act 1925 for Christians says that 1/3 goes to my granny and the rest to be equally divided. Please tell me if this is true or what my uncles say is right. Note: My grand father died in 2001.
Appreciate your response.
With thanks and regards,
Jim
1. As per succession act 2005, which you have read, daughters have equal rights in the ancestral property. The parity in rights in ancestral property was conferred on females with the object of creating a level playing field between females and males and also to do away with the age old discrimination which was meted out to them in so far as a share in ancestral property is concerned.
So if there is an ancestral property in your family then you have an indefeasibly equal share therein which you can cull out by filing a case for partition. If you are disowned from this property or any attempt is made to sell it without your concurrence then you can take out legal proceedings to seek your share and also to stop the sale thereof.
2. In respect of the self acquired property of your parents you have no share therein during their life time. Your father and mother can during their life time make a will of their property. They can also sell or gift it to any one they desire. You will get a share in the self acquired property of your parents only in the event that they die without making a will.
So if there is an ancestral property in your family then you have an indefeasibly equal share therein which you can cull out by filing a case for partition. If you are disowned from this property or any attempt is made to sell it without your concurrence then you can take out legal proceedings to seek your share and also to stop the sale thereof.
2. In respect of the self acquired property of your parents you have no share therein during their life time. Your father and mother can during their life time make a will of their property. They can also sell or gift it to any one they desire. You will get a share in the self acquired property of your parents only in the event that they die without making a will.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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