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Partition done 60 years back can daughter's claim for their property
13-Aug-2023 (In Property Law)
We belong to hindu religion from jharkhand. the issue is that my grandfathers were 4 brothers say A B C D . One brother ( B ) died in 1954 had only one daughter.other three bother took care of her and she got married in the year 1960 . all the joint family property were divided among A C & D ( remaining three brother ). before she told i will not take any share and kept quite for 55 years . now she is 70 plus . as the value of property gone up her sons are asking for their nana's share . are they eligible to get their share after 60 years which got divided in 1961 among three brother A C & D ( village punchayat divided) . please guide me are they eligible to get share after such a long years?
Venerated Questioner,
Myself Salutation !!!!!
I perused your query and found that your case belongs to succession right. As you stated above that one female agnate who is descendant from B sparked her legal right after 55 years aprrox. in the property which had been separated amicably amongst A, C and D on 1954. Now, she had been barred by Indian Limitation Act and also barred by amended done in Indian succession Act in 2005 which elaborates that female have right in ancestral property of her father.. she already demolished her right to claim her share.. Feel free to call me through lawrato. Give your valuable feedback..
Myself Salutation !!!!!
I perused your query and found that your case belongs to succession right. As you stated above that one female agnate who is descendant from B sparked her legal right after 55 years aprrox. in the property which had been separated amicably amongst A, C and D on 1954. Now, she had been barred by Indian Limitation Act and also barred by amended done in Indian succession Act in 2005 which elaborates that female have right in ancestral property of her father.. she already demolished her right to claim her share.. Feel free to call me through lawrato. Give your valuable feedback..
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Adv. Anil Kumar Singh
Ranchi | 500+ Answers
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The claim of right of women on paternal property has been effectuated in 2005 for the cases where father dies on or after 2005. Hence, it will be an arguable case cause she is claiming as a matter of coparcener to the ancestral property by claiming that there has not been any partition.
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Adv. Ashutosh Anand
Ranchi | 200+ Answers
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