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How to enforce vested interests in ancestral property


19-Jun-2023 (In Property Law)
My mother was expired before 10 years. we are two son of my mother.we want ancestral property share from my grandfather (nana ji).he is alive and property registered on his name. Can we have right from property share.
Answers (2)

Answer #1
720 votes
Yes you both have equal rights on the said property. You can either come to an agreement with your brother and reach to a consensus regarding the partition. And in case of any dispute, you can file a suit in the jurisdictional civil court for partition.
Answer #2
566 votes
Hi,
As long he is alive you can get share only if there is partition of the ancestral property. Secondly, if your grandfather dies than rules of succession shall apply and with the 2005 amendment to the Hindu Succession Act , now daughter is also coparcerner in the family of her birth. that being the case if your mother was alive on 9th September 2005 , date on which amendment was affected than she will be treated as co parcener in her family of birth and on her death , you as sons shall become eligible to have share in property along with your uncle or aunts if any or their children . This will happen only after the demise of your grandfather. as long as hes alive you can get share only if there is a partition in the maternal side of family.

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