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Can my mother claim share in ancestral property of her father


20-Jun-2023 (In Property Law)
My mom is the eldest followed by 2 younger brother all are married how can she get the partition for the property as it is still on my grandpa name, but he is dead so is my grandmom one of here brother supports her claim but eldest doesnt and as the position after removing my mom and giving her wrong info abt law Mom had the position while her younger brother was not living there. There is no will,what is the procedure...
Answers (3)

Answer #1
124 votes
Yes, your mother can claim share in the property of her father. She can file a partition suit and can get equal share in the property.
Answer #2
500 votes
Ancestral property under Hindu Law is called Coparcenary property, wherein after the 2005 amendment, even the daughters borne in any such Joint Hindu Family will also get their share like the sons. Before the amendment, only male members of the Joint Hindu family were called Coparceners.
On the other hand, a self-acquired property is any property purchased by an individual from his own resources or any property he acquired as a part of the division of any Ancestral/Coparcenary property. This also includes a property obtained through a legal heir or by any Testamentary document like Will.
Answer #3
793 votes
you mom can get her share. pl send me details of property 7x12 extract or property card. If there is no will then all the legal heirs of deceased person is entitled for his/her share in the ancestral property. Mutually by executing partition deed she can get her right or by filing partition suit in civil court she can get her share and right.

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