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Family property demand as grandmother share not being given


22-Aug-2023 (In Family Law)
My grandmother has a share in one of the ancestral property and her brothers are refusing to sell it or even get it legally registered under her name and her children's name. Due to severe financial constraint she has been shut down for 50 years now. What legal actions can be taken? We are hindus.
Answers (1)

Answer #1
903 votes
You need to clarify on certain details like when did your grandmother married and when did your grandmother's father died. If you are hailing from Tamil Nadu - A daughter who is married after the date of commencement of the Hindu Succession Act (Tamil Nadu Amendment) Act, 1989 (Act 1 of 1990) ,i.e., 25.03.1989 has became coparceners entitled to a share equal in the ancestral property. As far as whole India is concerned the 2005 amendment to the Hindu Succession Act, 1956, clearly provides that the right conferred on a ‘daughter of a coparcener’ is ‘on and from the commencement of the Hindu Succession (Amendment) Act, 2005.” Since you are saying that your grandmother kept quiet for 50 years, i guess, most probably, she must be belong to the category where daughters are not entitled to the ancestral property.

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