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Daughter's right on ancestral property after recent Judgement ?


06-Nov-2023 (In Property Law)

My grandfather has 2 son and 2 daughter, He died in 1969 without any will and the property was mutated jointly between my father and uncle name. In 1982 the property subdivided in individual name of my father and uncle. In 1996 one of the sister filed a suit for equal share in the said property and other sister given statement that she has nothing to do with the said property. Now it is almost 20 years passed but no judgement has come. So kindly guide me how the law applicable on our case.

Answers (2)

Answer #1
209 votes

If the property is self acquired property of your grandfather  and your grandfather died intestate then as per Section 10 of Hindu Suceesion Act, the property shall devolve to all first class legal heir including his daugther and wife.

Since we haven't seen the papers and your query is silent on the stage of legal proceeding so we wont be able to advise your regarding the same, unless, you provide the facts in details.

Answer #2
870 votes
In your case, the law applicable shall be as standing on the date when the succession got opened i.e. when the person died leaving the property in question.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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