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Daughters equally eligible for father property who died in 1999
10-Apr-2023 (In Property Law)
My father died in 1999 and there is some property in his name. I forgot to transfer it to my name. Are my sisters equally eligible for this property now?. Because as per my knowledge, Law to divide ancestors property equally among son and daughter passed in 2005 and my father died in 1999. Is there any way to transfer it to my name only?
If this is only ancestral property then you can transfer it to your name . But if it is parental property then your sisters will have equal right. Even though act was passed in 2005, but if father passed before 2005 only sons will have right in ancestral property.
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Adv. Gaurav Tomar
Delhi | 25+ Answers
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The only way is a will if you have in your name or else you will have to go for a partition suit and claim your right title on it and only then you can claim the property. Your sisters can relinquish in your favour through settlement
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Adv. Mukesh Choudhary
Delhi | 100+ Answers
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Yes after 2005, your sisters have equal share in the Ancestral property if the properties were not partitioned vide a registered Family settlement or vide a Decree of Court before September,2005.
They always or their children clam their share and seek partition.
The only way out is that if you share a good relation and they are willing , they can execute Relinquishment Deeds in your favour , giving up their share in the property.
They always or their children clam their share and seek partition.
The only way out is that if you share a good relation and they are willing , they can execute Relinquishment Deeds in your favour , giving up their share in the property.
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Adv. Mercy Hussain
Delhi | 25+ Answers
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