How to divide ancestral property

610 votes

Daughters (irrespective married or not) have equal rights in the parental property after the advent of amendment in Hindu Succession Act 1956, that came into force since 9th sept 2005.
The Hindu Succession Act, 1956, originally didn't give daughters equal rights to ancestral property. This disparity was removed by an amendment that came into force on September 9, 2005.

“All that is required is that the daughter should be alive and her father should also be alive on the date of the amendment,” it said. The court also held that alienation of ancestral property, including its partition, which may have taken place before December 20, 2004, in accordance with the law applicable at that time, would remain unaffected by the 2005 amendment, and those partitions can no longer be reopened by daughters.

in the current scenario you are in, it is unfair to have a partition in the said order that you have mentioned

If you belong to any other religion and not Hindu, we would have a different opinion based on applicability - For further queries please contact for consultation

Advocate Rajkumar Yeddu LawRato

668 votes

In ancestral property all will get equal shares for all children. But at the time marriage your grand father r your gave any gold r money fir the purpose that they should not claim any case on ancestral property that has to be proved by your father.

Advocate S.Malla Reddy LawRato

677 votes

Hi,
All the siblings are entitled to equal share in ancestral property after amendment of hindu successsion act by andhra pradesh state in the year 1986.
So you should see the date of demise of your grand father. If he had died before 1986, then your married aunts(who got married before 1986) will not get any share.

Advocate Rajagopalan LawRato

502 votes

You will have to file a suit for partition in the jurisdictional civil court claiming our share in the said property.

Advocate Siddhant Sharma LawRato

777 votes

Hello, you should first issue a legal notice stating all your facts, in receipt of reply you may decide whether to file suit for partition and other reliefs or to execute deeds and documents as per family arraengments

Advocate Sagar Kothari LawRato

1000 votes

As for as I concern if your grandfather had ancestral property so he could have not been transferred the property only to your grandmother, it is completely wrong infact when your grand father has been died suppose he died on 1.1.2010 and at that time property has not been divided by your grandfather and property was belong to joint hindu family then on such date whole ancestral property has been automatically transfered in all legal heirs of your grandfather on the date on 1.1.2010 it means when your grandfather have been died on such date if you had been born so property had been transferred including you automatically as equally along with all legal heirs of your grandfather.

So if anything done by your grandmother is also completely wrong which violative of your legal rights.

So for as the share of the 4 daughters is concern the daughter has equal right in the parental property after the amendment in hindu succession act 1956 section 6 which came into force since 09.09.2005 so if your grandfather died after 09.09.2005 then all the daughters has right to claim share in the property but you are also entitled the share in the property.

If any one is not agree then you file the civil suit against him/her and prove that property is ancestral property and you are entitled share in the property, I hope and trust that you will succeed.
I hope this advice will help you to understand and face the problem.

Advocate Rohit Jagwani LawRato

589 votes

certainly, the transfer of ancestral property by your grand father in the name of your grand mother is void. hence her title too is void. In view any transfer by her will be void. moreover as the property is not self acquired by your grand father his all children will be equally successor after the death of your grand father in 75% till your grand mother is alive as 25% share will for GM.

Advocate S K Singh Chauhan LawRato

872 votes

You are very well authorise to get you share. Hindu mitakshra pariwar , you are forming a sahdayiki and you are sahdayik member of your family . The monent you born in family you have a definite share in you dada n father,s share.

Advocate Raj Kumar Saini LawRato

880 votes

Each sibling has an equal share to the property. Each brother shall be entitled to one third property. Out of that one third share of you father, you have a right in the peoperty. Each of the High Courts as well as the Supreme Court of India have an online website where you can check the case status. Some of the district courts also have their own website. Keep yourself updated with them. Yes, you can file a an F.I.R for criminal intimidation. Submit any phone call records, or text messages or any other proof of the threat to the police. Having witnesses will also help. You may ask the court to summon the other party.

Advocate Siddhant Sharma LawRato