LawRato

Can a girl claim her right in ancestral property


27-Apr-2023 (In Property Law)
I am  age 58 years, married in the year 1982. My great grand father had a property ( House ) in U.P. which was not transferred to my grand gather then to my father, property remained in the name of great grand father till now in Govt records, we are fourth generation and now my 3 brothers, they say I am not eligble for equal share in property, becaue father expired in 1981. Kindly clear me whether Hindu succestion Act. amendement 2005 applicable to above situation. whether I am eligible to claim share or not.
Answers (2)

Answer #1
526 votes
Dear Ma'am,

Thank you for sending your query.

Can you please let me know if there is/are any will(s) involved?

I look forward to hearing from you. In the meantime, please let me know if I can be of any further assistance.

Best regards,

Vaibhav Raina
Advocate
Helpful? LawRato LawRato
Answer #2
832 votes
So far as ur eligibility to share in ancestral property is concerned, u r eligible as per Hindu succession act 1956 amendment in 2005 but the supreme Court of India in year 2014-15, has discussed its prospective and retrospective effect and held that the said amendment will have prospective effect.It will be applicable in cases where the father dies on or after 9th sept.2005.In this way u seem to be ineligible as per sc rulings until it is overruled.
Helpful? LawRato LawRato

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

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