Divorced from husband, daughter has right on his ancestral property ?

545 votes

if you belong to Hindu religion there will be a right of a daughter or son of divorced wife. you said you have taken divorce and you want a share of your daughter in husband's ancestral property. your daughter has right of share in husband's ancestral property. According to Hindu succession Act
and latest ruling of the appellate court daughter has right and she has right of share over the ancestral property. Either she is daughter of wife or divorced wife.-

Advocate Gururaj Gopal Rao LawRato

681 votes

First thing i would like to understand your religion whether you are from hindu or muslim. If you are a Hindu I would like to suggest you that You are a hindu female as per the hindu succession act 1956 your daughter have a right on the yours Ex husbend's ancestral property. Section 6 of Hindu succession act as amended by the act 19 of 2005, If their grand fathers write will it is little bit difficult get the share from husbends ancestral property, there would be no right in any inheritable property. subject to probate of the will by the court. however if their there is now will your daughter will get share on ancestral property.

Advocate Hareesha Arksali LawRato

893 votes

Yes your daughter has right over your properties if it is ancestral.The other self acquired properties of yours and your fathers you may devise will else she has also right over those properties as well.

Advocate Vedashree A LawRato

585 votes

Assuming you are Hindus, your daughter will be entitled by birth to the ancestral property. If you remarry even then the rights of your daughter shall remain intact. However, if you don't remarry then the ancestral property shall be divided between you and your daughter provided the husband doesn't remarry.
Lastly, if your husband remarries then the property shall be shared between your daughter, his new wife and you.

LawRato LawRato

600 votes

yes your daughter has right over his ancestral property as per the amended Law and also under Karnataka amendment to Hindu law of 1994. But right now your daughter cannot ask for a partition, but can claim maintenance.

Advocate S.K Prabhakar Shetty LawRato