LawRato

Right of Married Daughter's son in Father's ancestral property


25-Oct-2023 (In Property Law)
We live in old house jointly owned by my late grand father and his real brothers. As on date legal successor entry is not made and house is still in the name of my Grand father as per City Survey record. My grand father has passed away in 1971. My father and my father's married sister also both expired in 2015. Now my father's sister's son and husband means (in gujarati Faiba no son and Fuva mean's husband) are asking for share in old house, which we are residing although are having their house, shop etc. I have read somewhere that married daughter's cannot claim right in property of father if father has passed away before 2005 as per Hindu Succession Act. My grand father had not made any will. In light of above, please guide me.
Answers (1)

Answer #1
919 votes
Post 2005 amendment a daughter (married or not) has the same right/share as a son in the coparcenary property i.e. in the property which your father has got from your grandfather or if your father brought property out of funds given by your grandfather.
you can claim you right by filing a partition suit in the Court.

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."