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Can I claim my father's property share?


30-Jun-2023 (In Property Law)
My father expired in 1996, Afterwards my parental Uncle married to my mother in 2002 and occupied all ancestral property and sold 2/3rd of the property. My mother died in 2019 and I was only the daughter of my parents previously and my parental Uncle have two sons. My parental Uncle didn't give his name to me as he thought that I will ask for property share in future. Now I am married woman in Delhi and want to take share of my real father as my mother married to my parental Uncle but I am still daughter of my real father in all my documents currently. Shall I file case against my parental Uncle to provide Property share of my father including the amount he recovered from sold property in 2012. Please help in advising me.
Answers (3)

Answer #1
738 votes
daughters have a right in the father's property be it self acquired or ancestral.
if your paternal uncle did not give you her name it doesn't matter.
after landmark judgements by the Supreme court daughters have coparcenary rights.
for further queries please feel free to contact
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Answer #2
559 votes
Hi
As per Indian law you cannot claim a share in an ancestral property. In case the property was sled acquired by you peers in that case you may file a suit for declaration. Ancestral property generally gets divided via a family settlement agreement. Please feel free to get in touch for further discussions.

Regards
Adv. Abhinav Sharma
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Answer #3
774 votes
Yes if your father hasn’t left any will or hasn’t transfer the share to anyone then bring the legal heir you r definitely entitled to get the property …kindly be in touch with us to understand the legalities…thanks
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