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Rights of a girl in the ancestral property of her parents


10-Oct-2023 (In Property Law)
Hello, I had a question on the rights of a married granddaughter to ancestral property. My parent inherited property from my grandfather. My parents are gradually moving assets to my brother's name by means of loan/sale etc. How can I claim my share on this? Thanks
Answers (3)

Answer #1
928 votes
You will only have a legal right to obtain an injunction or partition of the ancestral property if that ancestral property was originally purchased by your ancestor before 1956. If the property was purchased after 1956 by any of your ancestor, then on the death of your grand father, this property has been acquired as self acquired property of your father and he can do whatever he wants of this property. If the property has been purchased and inherited prior to 1956 by any of your ancestor, then I suggest that you shall immediately file a suit for permanent and mandatory injunction along with partition.
Answer #2
631 votes
Yes mam you can definitely go ahead and claim your share married daughters have equal copacenery rights from 9th September 2005 in joint Hindu property; but that completely depends on the property share??Is it property of HUF(Hindu undivided family)If yes you can go ahead rightaway otherwise also its your copacenery right even if by the way of inheritance the property has devolved on your father and other legal heirs and after you father is not in existence then the property can be devolved on you by the way of copacenery rights..Therefore you can avail civil and criminal remedy against your family if it is being alienated without your consent and knowledge.
Answer #3
608 votes
Madam, you have to determine your share in the said property and file a suit for partition to claim your share therein. The court will then draw a decree partitioning the property which when executed will ensure that you receive your share or the value thereof

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