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does daughters son have rights over ancestral property after partition ?
2 years ago
my uncle , my mom , my grandfather having some ancestral property. do can i claim the some property from my grand father ? they made a partition some 8 years back. but i dint signed anything , though i was major at that time. all three are alive now. can i claim now after partition ? pls help
A.Hi,
Because all sons are born with a claim to ancestral property, the father cannot transfer it to one son at the cost of the others. According to the Hindu Succession Act of 2005, daughters are now coparceners and have a right to the family property.
Thank you very much. Please give the answer a rating.
Because all sons are born with a claim to ancestral property, the father cannot transfer it to one son at the cost of the others. According to the Hindu Succession Act of 2005, daughters are now coparceners and have a right to the family property.
Thank you very much. Please give the answer a rating.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
Because all sons have a claim to an ancestral property by birth, the father cannot distribute the ancestral property to one son at the expense of the others. Daughters are now coparceners and have a right to the family property, according to the Hindu Succession Act,2005.
Thank you. Kindly rate the answer.
Because all sons have a claim to an ancestral property by birth, the father cannot distribute the ancestral property to one son at the expense of the others. Daughters are now coparceners and have a right to the family property, according to the Hindu Succession Act,2005.
Thank you. Kindly rate the answer.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.A property is considered as ancestral if it remains unpartitioned for last four generations through male lineage so your maternal grandfather's property could not be considered as ancestral property of yours even at the time when it was unpartitioned and that's why at the time of that Partition, your signature was not needed.
Your right of inheritance will come into existence after your mother's death and that right is restricted to the property which your mother gets after such partition.
Please take note that in absence of registered Deed, Partition had not been completed.
Your right of inheritance will come into existence after your mother's death and that right is restricted to the property which your mother gets after such partition.
Please take note that in absence of registered Deed, Partition had not been completed.
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