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right of daughter in ancestral property in case of will made by father
23-Oct-2023 (In Property Law)
In case of father having made will for ancestral agricultural land bequeathing the same to son and cutting off the married daughter (arranged marriage) what legal course of action can she take to claim her share in the said property
There cannot be a will in case of an ancestral property and the law is clear on this. Ancestral property cannot be bequeathed by way of will.
You should file a suit of declaration and injunction or partition alongwith injunction suit depending upon certain facts.
Please feel free to contact
You should file a suit of declaration and injunction or partition alongwith injunction suit depending upon certain facts.
Please feel free to contact
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As per laws in India, ancestral property can devolve only according to the procedure laid down in the Hindu Succession Act. Further, as per the 2005 Amendment, a daughter has as much a right in the ancestral property as the son. Hence, the will of the father with effect to cutting off the daughter from the ancestral property carries no legal weight. The daughter, in the instant case, can file a suit for partition to claim her share in the ancestral property, and a suit for declaration of her rights in the same as per the provisions of the Hindu Succession Act.
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Adv. Mishika Singh
Delhi | 100+ Answers
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