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Can the daughter claim share in ancestral property of father?
03-Dec-2023 (In Property Law)
I am only daughter of my parents. i am married and have changed my maiden surname to my husbands surname. my father has ancestral agriculture land and he wants it to transfer it in my name. He does not hav any sons. I am his only child. will the transfer be possible. He has a brother trying to claim on this ancestral land. how can i go about with this.
After the amendment to the Hindu Succession Act in 2005 you are a legal heir in the property of your father. Hence the property would devolve in your name only after the death of your father as you are his only legal heir.
However, if you want things to be settled at this stage only then first ask your father to declare his intention to partition the ancestral property and have his share in the ancestral property. He can file a suit for partition in civil court to partition the property by metes and bounds. After that his share in the property will become a self -acquired property. So he can then either transfer the property by making a will or get a family settlement deed executed to transfer the property in your name.
However, if you want things to be settled at this stage only then first ask your father to declare his intention to partition the ancestral property and have his share in the ancestral property. He can file a suit for partition in civil court to partition the property by metes and bounds. After that his share in the property will become a self -acquired property. So he can then either transfer the property by making a will or get a family settlement deed executed to transfer the property in your name.
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Adv. Samyak Raj
Delhi | 500+ Answers
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First i would like ask you whether your fathers families partion is happen or not either its oral on written. Now if its partion was happen your father,s legal aly you have all right on your fathers (anancestors) property .no body stop you to get.
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Adv. Shankrappa K Rao
Gulbarga | 25+ Answers
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