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Can my mother claim share in her father's property if he died in 1980


06-Jan-2023 (In Property Law)

My mothers grandfather had properties acquired through generations and now my uncles have been disposing the properties after 2005. Both my mothers grandfather and father died before 1980. There was no partition done by her grandfather or father. All grandsons are selling and not gving anything to grand daughters. Does my mother can claim the share and how will it impact with recent supreme court ruling given by Justices Anil R Dave and Adarsh K Goel. On some of the properties they just included their names in 90's after the death of grandfather and father and not all grandsons are on those p

Answers (1)

Answer #1
340 votes

The law on equal share of daughters in property owned by a joint hindu family is not retrospective and would only apply post 2005. However, since the property is ancestral there are certain rights that women would have over it. It would best to file a suit for partition and have the courts of law decide the issue. Daughters at are minimum are entitled to maintenance from the proceeds of the property. Feel free to get in touch if we could be of any further assistance to you. 

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