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Daughter's right in ancestral property


16-Apr-2023 (In Property Law)

My Grandfather (still alive) has 2 daughters (my mon eldest of all) & 2 sons. Grandfather received ancestral property land after my great grandfather died in 1965.Latest In Jan2015 2 sons have gone ahead registered land property (equal divided between themself ) into their name without any concent/permission and refuse to share the property with sisters (mom,younger sister).Grandfather is not supporting daughters for their share.We need your advice:1.do my mom have equal share in ancestral property land ? .2.What legal actions,next steps to be done to have our share?.Looking for your support.

Answers (7)

Answer #1
95 votes

Yes your mom have right to equal share in the said property .

That is the property has to be divided equally among all four heirs.

Without any dealy you need to file two cases, one is for cancelation of deed registered in favour of your mom's brother and file another case for partition and separate possession.

Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

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Answer #2
824 votes
Yes your mom have right to equal share in the said property . That is the property has to be divided equally among all four heirs. Without any dealy you need to file two cases, one is for cancelation of deed registered in favour of your mom's brother and file another case for partition and separate possession. Regards, Vivekanand jalde 9900488948
Answer #3
527 votes
Please inform me first where are you from India? My reply would depend on knowing this fact as the supreme court decision is not applicable in Bengal and Assam region. Mitakshara law of succession doesn't apply to these parts of India.
Answer #4
641 votes
Dear Client, No, the widow sister cannot claim unless and until her father alive. If her father died on or before 2005 then, in that case the widow sister's cannot claim it. but after the death of her father, Then only they can claim there shares on the property. You can contact me also.
Answer #5
816 votes
In this case, if you are Hindu then as per the Hindu succession act you have your share in the property and if your sister in law in disputing in that you can file suit for partition. Also partition in dwelling house is not permitted for a daughter however if they want to sell it, it cannot be done without giving your entitled share. For any further legal assistance please feel free to contact Thanks
Advocate Bhawana Pandey

Adv. Bhawana Pandey

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Answer #6
733 votes
you can get a stay on the property being sold. first send them a legal notice notifying your intention to partition the property. if they do not comply with the legal notice or do not respond to it,. you may proceed to file a partition suit for the said property
Advocate Kawaljit Singh Bhatia

Adv. Kawaljit Singh Bhatia

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Answer #7
741 votes
Hello You can proceed for partition before the appropriate Court of law. And also ask for interim stay on the sale of the property so that your brother is stopped from selling it to any one. You are the legal heir to your parents and yes you will have 1/5th share in the property.
Advocate Sishmita Kumari

Adv. Sishmita Kumari

LawRatoDelhi | 100+ Answers
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