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Clarification on share of daughter in ancestral property
08-Jun-2023 (In Property Law)
Its an ancestral property belongs to my mother and still she is alive(hindu).My family consist of 2 sons and 2 daughters.my mother has given this property through settlement deed only to my 2 brothers without knowledge of mine and my sister in 2008. can sisters challenge against the settlement deed in court as women has equal rights in ancestral property as per Hindu amendment succession act sec 6 ,2005?
This property might have inherited by your mother from her parents . After the Hindu succession amendment 2005 you and your sister has got equal rights like your brothers. You can take remedial measures for getting your rights.
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Adv. G. Asok
Chennai | 200+ Answers
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Properties inherited from mother, grandmother, uncle and even brother are not ancestral property. From your question it is not clear how your mother got property. Once she got the property through partition or settlement it lost the character of ancestral property. Only joint undivided property enjoyed among family members are termed under ancestral property
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Adv. Santhosh
Ooty | 100+ Answers
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Yes, the sisters may very well challenge the settlement of ancestral property done by the mother. They may please engage a local lawyer and arrange to file a petition at the district court after serving the legal notice.
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Adv. Swaminathan Neelakantan
Coimbatore | 400+ Answers
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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.
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