Procedure to claim share in ancestral property

My grandmother transferred her property and bank accounts to my brother by her will,can I claim my share in her granddaughter has any right on grandmother's property.

Answers (5)

155 votes

Dear Madam,
Yes , you can claim your share in the property since as per the current legal position. Post the 2005 Amendment to the Hindu Succession Act you are also a coparcener and therefore have a claim on the coparcenary (ancestral property). In case the property held by your grandmother or by your grandfather (in case the property devolved to her after your grandfather's demise), you have the absolute right to claim partition. Your grandmother could not have willed the ancestral property as such. Only if the property was her own self acquired property which she earned/accumulated by her own personal income she has the right to will it to anyone. If that's not the case then you can challenge the will and claim the moveable (bank accounts) as well as immovable properties.


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200 votes

You can seek partition of the joint family property to claim your share in the ancestral property . Incase your brother has filed for getting the will probated then you can contest those proceedings.

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100 votes

After 2005 all daughters/grand daughters have obtained a right in the ancestral property. You have a genuine claim and can ask for partition of the property and a civil suit will be filed to that you get an equal share

150 votes

It isn’t legally recognised that ladies do have right in their family property. Supreme Court has been very clear about rights of ladies in their family property. Therefore you can certainly claim your share, provided that it is not self acquired property of your grandmother. Plz contact me for further assistance

244 votes

So far as your right in the grandmother's property is concern you have no direct right if the property bequeth is you grandmother's self acquired property or is a stridhan. the law is applicable to all Hindus. For other religion law changes but depends upon which religion you belongs to. Other option is you can bring the probate suit to challenge the will of your grandmother.

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