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How will ancestral property be divided under Hindu laws
03-Nov-2023 (In Property Law)
My grandpa passed away a few years ago leaving some ancestral property on my grandmoms name . they 2 sons the elder son has 3 daughters and a son and the younger one having 3 daughters .the rest of the property is unequally divided among the sons favouring the elder son. The grandmom pland to give all the property on her name to her only grandson denying rights to the younger son.As her grand-daughter and the daughter of the younger one how can I claim for my rights in the ancestral property ?and also the ancestral house is on the elder sons name (which was transferred by my grandfather when he was alive) which is even equally my dads property ,is my dad entitled to his rights in this case?
First of all the property is not ancestral property because in order to be an ancestral property it must come from previous 4 generations. Hence it is a self acquired property of your grandfather which was transferred to your grandmother and she has the right to transfer the property the way she wishes to. However, you can look for other documents e.g the will of your grandfather and if he stated therein that how the property should be distributed after the death of your grandmother. Similarly, you can look for other documents which can help your case or find out if there is any undue influence , coercion or fraud involved in the transfer of property.
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Adv. Samyak Raj
Delhi | 500+ Answers
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