LawRato

Can child claim on father’s ancestral property during fathers life?


In Divorce Law
What amount of share child of divorced wife can claim on father’s ancestral property during the life of father? (if ancestral property was divided between siblings of father) Is it likely 1/2 1/3 1/4 1/ 5 times of the father’s ancestral property What amount of share of fathers own ancestral property is left for him self after the claims by the children .Is it likely 1/2 1/3 1/4 1/ 5 times of the father’s ancestral property

Answers (2)


184 votes

A child can claim to his/her ancestral property at any time. Unlike in case of any inheritance property, the right over inheritance arises after the death of the owner and any right over the ancestral property accrues since birth.
The rights in ancestral property are determined per stripes and not per capita. This means that the share of each generation is first determined and the successive generations’ share in turn is sub-divided. Each generation inherits from its predecessors.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato
86 votes

Right to succession in ancestral property under HSA is determined by school of law. In Mitakshara school of law, the child (male or female) by birth acquires an interest in the ancestral property of the joint family whereas Dayabhaga school of law, the child (male or female) has no automatic ownership right by birth but acquires it on the demise of his/her father. A child share in ancestral property can be evaluated after determining the number of Coparcenary and legal heir under class 1 HSA. Generally after the demise of the father, the legal heir under class 1 are entitled to equally share on father's share in ancestral property. You can contact me through LawRato for consultation.

Popular Divorce Lawyers


Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
35 years Experience
Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
22 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
22 years Experience
Advocate Rajeev Nigam
Kanpur Nagar, Kanpur
28 years Experience

Report abuse?

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. You may post your specific query based on your facts and details to get a response from one of the Lawyers at lawrato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions


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



Related Articles