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Married against family's wish. Can they bar me from taking my share?
14-May-2023 (In Property Law)
My brothers and sisters are not willing to give me a share in our ancestral property because I married the one I love. We have about 50 to 55 Bigha big lands. Is my love marriage a valid reason for them not to give me a share in the property?
If I file a case will I have to bring witnesses? No one will support my case in the family as I married against their wish and they are against me now.
You cannot be denied your share in property merely because your marriage was by your own choice.
One acquires an interest in the ancestral property since birth, therefore you are legally entitled to your share in the property and you can file a suit for partition and permanent and mandatory injunction to claim your share.
Yes, you shall have to adduce evidence to prove that you are a member of the family, however, it is not relevant if the family members do not support your case as all you have to prove is the fact that you are a coparcener i.e. a member of the family and sharer in the ancestral property.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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