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Can any married daughter claim right in ancestral land in Maharashtra
28-Aug-2023 (In Property Law)
Respected sir ,iam a Hindu married daughter. My father having ancestral land in Ahmednagar district. My father and his two brothers equally take share after my grand fathers death. My father now no more. Died in 2001. Iam married in 2001. After fathers death my mother put her name & all three sons name including my name in 7/12 extract before 2005 law come into force. Till today our 7/12 in joint. my uncle's name also in same 7/12. We get our father's share. My question is legally I take my share. Because my brother's talking about new law in Maharashtra succession act 2005. Please let me know sir about my rights in land legally.?
Where a Hindu dies after the commencement of the Hindu Succession (Amendment ) ,Act , 2005 his interest in the property by the Mitakshara Law , shall devovle by testanentary or intestatw successiion as the case may be under this Act & not by survivorship and the coparcenary property shall be deemed to have been divided as if a partition had taken place & the daughter is entitiled the same share as is allotted to son
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Adv. Meena Chaudhari
Navi Mumbai | 100+ Answers
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Your name is on the 7/12 records then you can take your share. Please mediate with your brothers and mother and explain them that you are also their sibling and it would be appropriate for them to give your share. As per the 2005 citation both i.e. your father and yourself should be alive at the time of 2005 to facilitate your right over the property but in your case your father has passed away in 2001 and subsequently your name is recorded in the 7/12 so your right as a shareholder is established and you can also use it in civil Litigation if your share is not given. You have to technically fight the case if it goes into Litigation.
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Adv. Ramgopal Aiyer
Navi Mumbai | 200+ Answers
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Hello, yes definitely you may avail your rights in the said property . You may issue legal notice against the concerned parties demanding your share on failure you may prosecute them by filing suit for partition before concerned civil court.
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Adv. Sagar Kothari
Pune | 400+ Answers
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