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Is there any time limitation to claim ancestral property


07-Mar-2023 (In Property Law)
Sir, I have an agriculture land of four acres. The partition was done in my and my brother’s favor equally. My brother is also having four acres of land.But the partion was done during 1986 june with help of village accountant and tahasildar.I have a mutation papers .Since from 1987 I am getting holdings certificate to take the loan.But it neighther have registered nor court deed.my father died during 1998 and mothe in feb 2005. Before june 1986 the agriculture land was on father’s name.before 1963 it was on the name of my grand fathe who divided the agri land in between my father and and my fathr’s elder brother equally. I have four married sisters asking share in the above land. Is there any time span to claim this land sir? I have heard that after 13 years of oral partion my sister will lose the claim of rights in ancestral property. Whether oral partition is acceptable or not acceptable to hindu succession act which was done before 2005 sep sir.hindu religion
Answers (2)

Answer #1
806 votes
You can file a declaratory suit for a clear title of the property in your favour. If your sisters file a partition suit you can contest the case on merits and you have better chance to claim your right. Feel free to contact me for further help.

Answer #2
651 votes
per latest Sc judgement daughter's right to ancestral property does not arise if the father died before the amendment to Hindu law came into force in2005 .,the apex court held that amended provisions of the Hindu Succession (Amendment) Act, 2005, do not have retrospective effect. The father would have to be alive on September 9, 2005, if the daughter were to become a co-sharer with her male siblings.The amendment to the Hindu Succession Act giving daughters equal rights to ancestral property is applicable even for girls born before the law was changed in 2005, the Bombay High Court has said.you file suit for declaration it's better salut ion to you .. Thank you

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