Procedure for partition of the demised father's ancestral property

Question

Procedure for partition of the demised father's ancestral property

20-Oct-2023 (In Civil Law)

My religion is Hindu. We are two brothers and four sisters. All sisters are married before 1998. Our father has died in 1997. Our father's ancestral property has devolved on him by a family partition in 1976. My question is: whether four sisters can claim share from my father's above said property?

Answers (5)

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Adv. Durga Prasad Jena Adv. Durga Prasad Jena

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Advocate Ved Prakash Shaw LawRato · Accepted Answer · 2017-10-20T15:08:46+05:30

Answer #2

Law provide equal share to both sons and daughters with reference to family partition in 1976.If u can prove your late father has given sufficient share in cash and kind to your married sisters before 2005,then your married sisters may not get share from your late father s property

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Advocate Anupam Dash LawRato · Accepted Answer · 2017-10-20T16:36:01+05:30

Answer #3

Yes, they can in view of the amendment to the Hindu Succession Act in the year 2005. If the property would have been partitioned before 2005, then there would not have been any problem, but since it has not been partitioned, they have a right to claim a share.

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Advocate Samar Pratap Mohanty LawRato · Accepted Answer · 2017-10-20T20:20:58+05:30

Answer #4

Hindu succession Act permits equal share to sisters and brothers.In your case the property will be devided in six parts.If your mother is alive then seven shares.Proceedures are two apply your share in a partition civil suit in the civil judge court or make a mutual partition agreement,Sign it and get it ratified in the civil court.

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Advocate Jaya Krishna Pattnaik LawRato · Accepted Answer · 2017-10-21T21:23:51+05:30

Answer #5

Right to property of a hindu daughter upon her father's property came into existence through the Hindu succession (ammendment) act-2005 ,which gives prospective operation as per verdict of the Honbl'e Appex court during 2009.But here in this case since the property is ancestral in nature ,even though develoved by the father since 1976 through a family partition, who died in 1997,the daugheters (sisters) who are married before 1998 are entitled to their equal share from the said ancestral property.

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