Can mother claim share in her father's property
28-Jan-2023 (In Property Law)
There is a property of my nana ji which is an agricultural land he died in 1979, he had no son but have two daughters I want to know whether my mother can claim the property or not?
Dear Sir,
As way back in 1979 the woman did’t had inheritance rights and only in the year 2005, Hindu Succession Amendment Act came in which gave sons and daughters equal rights to inherit family land. As it has been 27 years of the death of your grandfather, kindly answer few questions to understand the background of the case to advice you:
a. After the death of your grandfather in whose name was the property transferred? Was there any will?
b. If the property was transferred in the name of any member by way of succession then relation and any current dispute?
c. Has your mother renounced her right to inheriting the said land by signing any no-objection certificate?
d. If the property is not transferred in any ones name, then where is the property located in which state.
As after a period of time the property cannot be transferred and in this case there is a delay of 27 years in claiming right.
As way back in 1979 the woman did’t had inheritance rights and only in the year 2005, Hindu Succession Amendment Act came in which gave sons and daughters equal rights to inherit family land. As it has been 27 years of the death of your grandfather, kindly answer few questions to understand the background of the case to advice you:
a. After the death of your grandfather in whose name was the property transferred? Was there any will?
b. If the property was transferred in the name of any member by way of succession then relation and any current dispute?
c. Has your mother renounced her right to inheriting the said land by signing any no-objection certificate?
d. If the property is not transferred in any ones name, then where is the property located in which state.
As after a period of time the property cannot be transferred and in this case there is a delay of 27 years in claiming right.
Your religion and knowing the place of your agricultural land is essential for answering this query. Presuming you to be a hindu and that your property is located in Uttar pradesh I would be answering. The Hindu Succession Act and UPZALR would be applicable in your case. Athough your mother doesn't enjoy absolute right over the land but considering the recent view of the court you can file for claiming your right over it. Hindu succession act was ammended in 2005 in your favor but as your nanaji died in 1979 itself so it would not be applicable on you retrospectively.
Yes your mother can claim her share in the property. Contact with all details for better assistance in the matter.Yes your mother can claim her share in the property. Contact with all details for better assistance in the matter.
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