Legal rights of married daughter in ancestral property


I'm a married woman.what is my legal right in my father's property which he got from my grandfather's{Dadajee and Nanajee}. My mother and elder brother have died. Can my father transfer ancestral property to my nephews directly without my opinion?

Answers (3)


134 votes

Dear Maam,
You have legal right in the said property and you can become a co-sharer with other siblings of yours (if any), here i am referring to your blood relations not cousins.
If it had been a self acquired property of your father then you had no legal right. Exception would have been if there was a will by your father.
Hence, it being a ancestral property you can file a civil suit to claim your right.

Please feel free to contact in case of any clarification.


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72 votes

You have all the rights in the property but just try to keep watch your parent doesnt sell to anyone.
And be a bit of more detailed in query.
but there is a reasonable risk of transfer of property so be alert n vigilant.

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65 votes

Your nephews ( I suppose your brothers children) do have a right in the ancestral property to the extent of their fathers share i.e. your brothers share. Your father cannot transfer your share of the ancestral property. Furthermore, your father cannot transfer the property by way of a will since, the same is not self acquired and is ancestral. You have a right in the ancestral property and the same cannot be transferred without your opinion. If the same has been done, I suggest you file a suit for parition. This is my opinion and it does not amount to solicitation.

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