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Does daughter has share on property of mother gifted by grandfather


11-Jan-2023 (In Property Law)
Hi sir, Iam widowed and staying with my daughter. My mother acquired an ancestral property from her father and this property is transferred to one of my brothers as gift deed without my concern 7years back. My mother died 1year back and I want to challenge the share in the property. Will you please provide the information ,is there any chance should I get the share in the property. Thanks in advance.
Answers (2)

Answer #1
760 votes
Since your mother died intestate and if it was his self acquired property then as per section 10 of Hindu Succession Act, the property will devolve to all his legal heir including daugthers. You can file suit for partition thereby seeking your share in the property.

Further you file an application of temporary injunction thereby seeking stay on the land.
Answer #2
660 votes
Dear concerned,
If you are a hindu, please note that Ancestral property cannot be given as a gift deed. You can comfortably challenge the gift deed. Chances are very bright in your favour. We do deal with such cases, you may contact me in case you require any further legal assistance.

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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