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Ancestral property, daughter rights?
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Ancestral property, daughter rights?

Hi, my father inherited agricultural land from my grandfather, my father wants to give all this inherited property to my brother, my father has not spent any thing for my marriage. As grand daughter can i claim equal share in my fathers inherited property, what are my legal options
Additional Details
Hi,I live in andhra pradesh india
iam not sure if my grand father has made any will, he died some 10 years back and land is still not divided among my fathers brothers and sisters, but my father and his brothers are planing to share this equally among them soon. Given this what are my options.

Can i claim rights in my fathers inherited portion.



2) Can i claim share in the undivided land


    




vijay m Indian Lawyer
Definitely if this property is Ancestral Hindu Family Property, you being daughter also one of the Coparcener as any son of the family can claim same share in the property as the any son. The 2005 amendment in the Hindu Succession Act, 1956 has giving equal right to daughters as the sons to claim share in the Ancestral Hindu Family property. The essential issue to decide whether the said property is Ancestral in nature or not is very important & for that any property which has passed from three generation up to the present one who being the fourth generation to enjoy & claim a right over such property. In other words it has to be seen that the said property you claim as ancestral property should be acquired by your great grand father & passed it to your grand father, then to your father & now to your generation. If this being the situation in your case, you being one of the Coparcener can seek share in the property by division of the property in question. Edit: - It hardly matters if your grand father made a 'Will' of this property, the real fact is that whether this property was acquired by your great grand father & then it passed on to your grand father or was this property acquired by your grand father only. In the former case it will be considered the Hindu Ancestral Property & in latter case it will be property that was owned by acquired by your grand father & by inheritance on his death passed on to your father, in this case this property becomes self acquired property of your father by inheritance & is not the Ancestral Hindu Property. In latter case your father can distribute or devolve his self acquired property as he wishes during his lifetime or by 'Will' after his lifetime. If your father dies intestate,i.e. without leaving any 'Will' then by law of inheritance as class 1 heir all his children along with his wife will get one share each of this property. In both cases you get a share in the property unless your father if has right over this property as his self acquired property doesn’t make a ‘Will’ as discussed above. Hope this point of difference between Ancestral & Self Acquired Property is clear now in Indian Hindus! This Hindu Succession Act, 1956 & Old Hindu law applies to you even if you are from A.P.


danny14551
Rating
Not in the US. If you live in the US you are not entitled to anything as it is not your property, your father can give it to who ever he wants.


Harsh...!
Rating
Who spent money on your wedding...? Or did you have a love marriage... against the wish of your father... betraying his trust... and now longing for his parental property...

Are you in a position to ask your father for your share on his face...?
Do you want to have your share of farm land for farming or for selling...?
Are you asking this question on the insistence of your husband or asking on your own...

The property will first be divided among your father and his brothers...
If you claim your share... your father's sisters if there are any... should also get their shares...
Eventually whatever would be your father's share... it can be divided equally among you brothers and sisters...


prince47
you can claim as the property belongs to your grand father.


geevi
Rating
As you are living in A.P. you are having right in the ancestral property as per the amended Hindu Succession Act. In India, NTR govt has brought this legislation first. Some states also adopted the same. As per my remembrance, the daughters who married prior to 1985 has no right in the property. The marriage expenses etc are not material in deciding the rights.


coolpuja89
Rating
Its is your right to fight and share you equals!!!


Anamika
As per Indian Law, you can claim only on your father's share in inherited property + whatever he has added on to his share...........nothing more.
If you have brothers and sisters, they also have equal rights like you.


sujoy de
Rating
You have the lawful right over the inherited property. Your father can not dispose it according to his liking since it is not his self-acquired property. You just issue a lawyer's notice to your father from restraining him from transferring the ancestral property to your brother depriving you.


peaches
Rating
I live in the USA , I am not sure about your country, but my father died before my grandfather and in my grandfathers papers he left his two remaining children what he had, since my father was deceased I claimed my fathers part in the estate and was awarded my part, but common sense would say that you are not entitled to any thing unless you were mentioned in a will or if your father were dead you could file a claim to share with your brothers, however your father is not dead and you are not entitled to any portion of his inheritance, and as long as he is alive he can do what he wants with his property. sorry,


Circus Maximus
Rating
Yes you can, if he is giving it to his son ONLY, you can contest it in a court.

Although it will be your father's property still, but the court may decide to award you a share.

BTW this is a surpise, since I thought Kerala people were all Matriarchical.


[«♥Prïñcëss♥»]
Rating
You can certainly claim a right on that property im pretty sure that girls can get whatever boys have and im with you don't worry just raise ur voice i mean try talking to ur parents and famliy about this cuz i thionk u should get some of the property as well also since it's ancestral property
♥♥♥♥plz claime ur rights on the property yuo deserve it♥♥♥♥


true helper
Rating
if you are Hindu, Hindu law applicable and you have a ample rights in ancestral property. if the shares isn't described anywhere than all heirs have a equal rights. within limitation of 12 years as per limitation act you have to claim your right if same isn't received by you.


aditi
Rating
yes, definitely u can ask for your rights
u should get equal property as your brother is getting


rajwant k
Rating
plz contact ur advocate.


emce
Rating
Yes. You can claim your rights. You have the right. The information provided by you is insufficient, and hence, any advice may lead to adverse adjudication in the court of law. I suggest you to contact an advocate ,specialises in such issues.


Eric H
Not sure about your jurisdiction but in general, no.

If the land was left to your father he can give it to whomever he wishes.


chit
you have an equal right in the ancestral property. if the agricultural land is still in the name of your grandfather and he has not left any will ( if he has passed away ) , your father, all your brothers and all sisters have an equal rights. But if the land is already transferred in the name of your father, he can give to your brother only,.


tripurari jha
Rating
Yes you are eligible to equal rights in the ancestral property as per recent judgement of supreme court judgement on this issue.


CDK
What state/country do you live in?


murthyssr9
You can certainly claim a share after deducting all the loans and other commitments ,if your father has made any.
It is time girls make waves and take lawful rights by force rather than wait meekly for charities from men.


Uh huh, go on I'm listening
no you can not. it is his property, he can do with it as he wishes.

And, your wedding is the responsibility of you and your spouse, not yor parents.


rajaram_runjaji
my father purched land and same land was transfered to my name and brothers name.After fathers death our 4 sisters claiming share for said land.what is the law


abhay
ancsesteral property in maharashtra state grand son admit civil suit on his share .he willbe not essential party marred grand daughter,after hearing grand daughter miscapplication in the court she willbe equalshare of ancysesteral property. so ple.imidiate reply that condiation what is the court dissision.


Saramma
Ancestral property, daughters right- we are planning to buy a property in kerala India- this property owner is an orthodox christian, he is having two married sisters. The father of this property owner fully given the rights to this owner. This property owner have no children also. So we made an agreement with this man to buy the property, we are going to register it on next month. One of his sister is going to Canada on next month. so can you pls. advice the sign of the married sisters is necessary for registering the property.


abhaybhalerao
uncysesteral property grand son have claim and they were marred grand daughter not party so she will be admit that civil suit.


kulmohan
I am living delhi. I wants to know the rights of daughter in property which my father got cliam from pakistan. whether my father can transfer this property to one of my brother.


Saahithi
Hi, My father has earned some property on his own hard work and passed away 10 years back. I am the younger daughter and I am married 7 years back and now my 4 brothers are looking to share property between. Do I have the right to ask for my share in this case? Please suggest me.


srini
Hi My father's sister who is married in 1969 is claiming for ancestral property. My grandfather died in 1952. My father got undivided ancestral in his name 1962/63 to his name as he was eldest son and later the same was devided among grandfathers siblings and my father. My paternal aunt (father's sister) is now claiming share in my fathers ancestral properly. Pls let me know whether she has any right to claim the property and if so what share she is entitled to. Is there any case laws on this where judgment is already given.


sathya
i live in the state of Tamil Nadu. my grandfather had an ancestral property. he has three daughters and a son (my father). My grand father expired in 1970's. all his daughters married before the year 1970. Now i want to know, whether the three sisters of my father have any rights in the above said property?


sham
A person the only son of his parents, who is a defence personnel posted far away from his home town and strongly willing to take care of his parents who are retired Teachers (Both) and earning their pension from Govt of India but are under the control of others in the local area, little bit mentally disturbed (Mental Disorder) and all efforts gone in vain by his son & whenever he comes on leave, the father goes to report police stn every now and then. And father ill treat mother also in whose favour purchased property is registered and son also contributed in building the house out of his hard earned money. Ancestral property is also lost in favour of uncle due to mental disorder. Now father is willing to get the property in his own name from victim's mother name and thereafter want to sell it away and want to live somewhere in rented accommodation. Even when victim's wife want to talk to mother-in law/father-in-law on their Landline phone then the phone is handed over to some different person in whose influence the father is acting in that manner and who (any local person) in turn misbehave while on talking with victim's wife in whatever manner he want. Father also has filed a complaint against his own son who sometime tried to maintain good relations and make allright the said local person who always misguide his parents. Unfortunately no medical certificate of father's mental disorder available. Now Victom son want to have a will/ property transferred in his or children's favour. Father is not even willing to execute a will even in favour of his grandsons (Two only). Now kindly suggest the remedy available with the victim son who will not have any thing from his parents either ancestral or the other. Can victim's wife and children (who were born in the same house) ask their share or can a stay order be passed by court so that the property cannot be transferred in anybody's favour keeping in mind the mental disorder of the father though a medical certificate is not available with the victim? Kindly suggest. This is a unique case, I think no case in similar manner reported ever, if it is there kindly mention detail with case no/ year/ Court? Can anybody help this Defence personnel? Thanks.


shailaja
we are 4sister and 1brother my mother is having her own house in worli she died without will the four sisterand 1 brother made an agreement about the property idont whether it is register or not itwas made in 1985 after mother death fourteen day next.the house was in mother name as she was earning and she purchased the house in mumbai now the brother is staying can ihave share in that house ?what ihave to do for that to get the share in that house?


SWAPAN MUKHERJEE, INSPECTOR,CISF
Before revision of the 2005 amendment in the Hindu Succession Act, 1956 which has giving equal right to daughters as the sons to claim share in the Ancestral Hindu Family property, my two sister's marriage were solemnized in the year 1977 & 1984 respectively- whether they still can get the benefit at par with their brother ?


cns gurudutt
my grand father had purchased the aggriculture property at karnataka state in the year 1951. The said property was transferred to my father by pouti katha after the death of my grand father with the noc of other members then in the year 1955. we are 11 children to our father i.e 5 brothers and 6 sisters. the said property was divided to 5 brothers and mother in the year 1973 and revenue khata was made in the individual name and rtc was also made in 1973. the last sister was married in the year 1980. my father and mother together made a registered partition deed in the year 1996 the said property was divided to 5 brothers. now we brothers have sold the said property in 2011. Is it necessary to pass on the share of the sale proceeds to the sisters? kindly answer and enlighten us. oblige


cns gurudutt
my grand father had purchased the aggriculture property at karnataka state in the year 1951. The said property was transferred to my father by pouti katha after the death of my grand father with the noc of other members then in the year 1955. we are 11 children to our father i.e 5 brothers and 6 sisters. the said property was divided to 5 brothers and mother in the year 1973 and revenue khata was made in the individual name and rtc was also made in 1973. the last sister was married in the year 1980. my father and mother together made a registered partition deed in the year 1996 the said property was divided to 5 brothers. now we brothers have sold the said property in 2011. Is it necessary to pass on the share of the sale proceeds to the sisters? kindly answer and enlighten us. oblige


cns gurudutt
please i request u people to post a solution as fat as possible as it is an emergency


madhav kande
my Father died in year 1991 .my father had purchashed aggriculture property in maharashtra. I have 4 sister. Last sister was married in year 1960 . Now they all claim for equal rights in Aggriculture property. As I have Read in hindu Act As my father Death in year 1991 At that time act of 1956 my sister will not get Equal Right. As my sister all are married before 1994 as well . Still thay will get equal right ??? Kindly answer


varinder kaur
my father had made his will but it reistration has to done so can my step-sister can ask for her share for ancestral land plz answer .acc to hindu law.





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