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Advice in daughter's right to claim over ancestral property.


09-Nov-2023 (In Property Law)
My father died intestate in 1981, leaving my mother, 2 unmarried sisters and 1 son (myself - youngest in family). We have an ancestral house, received from my grandfather, and it was divided among the families of his two sons(my father and chacha) equally, alongwith appurtenant land through a family partition in 1998. All members of my father's and chacha's family were part of this partition deed, including my sisters. My eldest unmarried sister died later in 1998. My younger sister was married in 1991. After this partition, we sold a part of our land after partition in 2000, and in its registry we showed her as a shareholder alongwith my mother and myself. The proceeds of this sale were equally shared. Now we want to sell house with remaining appurtenant land, but my sister is asking for an equal share. Please advise, as life long I have been catering to all family requirements through my salary, meeting obligations. I am 48 yrs and has a son. We are Hindu. What is the remedy in law?
Answers (2)

Answer #1
587 votes
Hi,
In your case, your sister can not claim in the ancestral property as your father passed away prior to 2005 when the law related to ancerstral property in favor of daughters was passed. However, you need to consult a good civil lawyer with the documents if you have shown your sister equal shareholders after the partition in all the properties.
Answer #2
887 votes
since your father inherited the ancestral property, hence the share will have to be equally distributed among his wife and his children. portion of the property sold n money equally rightly distributed.same shall be the case with the remaining property as per law.she will get her share.

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