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Can parents disown daughter from ancestral property
11-Apr-2024 (In Family Law)
Hi I’m happy married with my husband , my parents wants to keep be off the ancestral property ( owner by my grandparents) , not self acquired as I choose to marry the man I loved .
Is there anything I can do to get my equal share of the property , please note I have in no ways caused any physical or mental stress or abuse in any way I still respect my parents .
The only reason they choose to keep me away is because of my love marriage please suggest
Parent can't is on any of their kid child from their self acquired property but same time a parents who is in hitting the property from there and sister they can't just on any property share to any of his legal hairs. You are having all rights to ask for your shares in the ancestral property through asking for partition for your shares that property.
Helpful?
Adv. Babita
Bangalore | 25+ Answers
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Dear Sir,
What does the grandparent's property law in India state? Does the grandson own the right to the property?
All property's owned by a Hindu person devolves onto his class one legal heir's.
Now to the specific scenario's in ur example (for sake of convenience I'm presuming your grandfather has only one legal heir)
Senario1: The property is self acquired by your Grandfather, in such case upon his demise intestate (without a will) the property would devolve upon ur Father and not you. In case your father passes away before your grandfather then in such case it would devolve upon you, your mother and ur siblings equally.
Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.
Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.
Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.
To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acquires at birth unlike other laws of inheritance where right arises upon the death of the the owner.
Hope this brings some clarity to your question and your sense of entitlements.
What does the grandparent's property law in India state? Does the grandson own the right to the property?
All property's owned by a Hindu person devolves onto his class one legal heir's.
Now to the specific scenario's in ur example (for sake of convenience I'm presuming your grandfather has only one legal heir)
Senario1: The property is self acquired by your Grandfather, in such case upon his demise intestate (without a will) the property would devolve upon ur Father and not you. In case your father passes away before your grandfather then in such case it would devolve upon you, your mother and ur siblings equally.
Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.
Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.
Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.
To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acquires at birth unlike other laws of inheritance where right arises upon the death of the the owner.
Hope this brings some clarity to your question and your sense of entitlements.
Helpful?
Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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With regard to ancestral property, women have equal rights as men and you can file a suit for partition before the civil court seeking for your share in the ancestral property. However with regard to the self acquired property of your parents, they are free to dispose the property as per their wish.
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Adv. Sandeep Praveen
Bangalore | 5+ Answers
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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.
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