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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.
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.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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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
16+
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.
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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.
11+
Thanks
24+
Adv. Bhawana Pandey
Delhi | 500+ Answers
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14+
Adv. Kawaljit Singh Bhatia
Delhi | 400+ Answers
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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.
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Adv. Sishmita Kumari
Delhi | 100+ Answers
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