Agriculture land and house dispute
9 months ago
My maternal grandfather (grandfather) had two wives. He had a girl from his first wife and got married and after a few years his first wife died. And Nana ji married second and has a girl from second wife who was not married when Nana ji died. So the inheritance went to his second wife and his second girl and after a few years the other girl also got married.
The first girl child is not being given any share in the property.
So how can the first girl get a share in her father's property? What should be done for that?
This case is of Uttar Pradesh.
A.Dear client,
Hindu Succession Act: In Uttar Pradesh, the Hindu Succession Act, 1956 governs the inheritance of property among Hindus. Under this law, daughters have equal rights as sons to inherit ancestral and self-acquired property. The law applies retrospectively, meaning it is applicable to daughters born before or after the enactment of the law.
Partition of property: If the property in question is ancestral property (property inherited through generations), the first girl child has a right to a share in the property. The property should be partitioned among the legal heirs, including the first girl child, her step-sister, and the second wife.
Legal action: If the first girl child is being denied her rightful share in the property, she may consider seeking legal recourse. She can consult with an attorney who specializes in family and inheritance law to initiate legal proceedings and assert her rights.
Documentation and evidence: It is important to gather all relevant documents, such as birth certificates, marriage certificates, property documents, and any other evidence that supports the first girl child's claim to the property. These documents can strengthen her case during legal proceedings.
Mediation: In some cases, mediation or family settlement may be an option to resolve the dispute. Mediation involves a neutral third party facilitating negotiations between family members to reach a mutually agreeable solution. This can be explored as an alternative to lengthy court proceedings.
Consulting with a qualified attorney who specializes in family and inheritance law in Uttar Pradesh is essential to understand the specific legal provisions and processes that apply in your case. They will be able to provide advice based on the details and documentation you provide and guide you through the necessary steps to assert the first girl child's rights to her father's property.
Hindu Succession Act: In Uttar Pradesh, the Hindu Succession Act, 1956 governs the inheritance of property among Hindus. Under this law, daughters have equal rights as sons to inherit ancestral and self-acquired property. The law applies retrospectively, meaning it is applicable to daughters born before or after the enactment of the law.
Partition of property: If the property in question is ancestral property (property inherited through generations), the first girl child has a right to a share in the property. The property should be partitioned among the legal heirs, including the first girl child, her step-sister, and the second wife.
Legal action: If the first girl child is being denied her rightful share in the property, she may consider seeking legal recourse. She can consult with an attorney who specializes in family and inheritance law to initiate legal proceedings and assert her rights.
Documentation and evidence: It is important to gather all relevant documents, such as birth certificates, marriage certificates, property documents, and any other evidence that supports the first girl child's claim to the property. These documents can strengthen her case during legal proceedings.
Mediation: In some cases, mediation or family settlement may be an option to resolve the dispute. Mediation involves a neutral third party facilitating negotiations between family members to reach a mutually agreeable solution. This can be explored as an alternative to lengthy court proceedings.
Consulting with a qualified attorney who specializes in family and inheritance law in Uttar Pradesh is essential to understand the specific legal provisions and processes that apply in your case. They will be able to provide advice based on the details and documentation you provide and guide you through the necessary steps to assert the first girl child's rights to her father's property.
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A.Dear Client,
Ancestral property is equally shared by all the surviving coparceners/legal heirs of the deceased owner when left intestate. So, when the girl child of the first wife is not given any share in the property of her grandfather which she is entitled to by birth, she needs to file a partition suit before a Civil Court praying order of partition in r/o said ancestral property to get back her share in the property. Reach out to an Advocate for guidance and steps.
Ancestral property is equally shared by all the surviving coparceners/legal heirs of the deceased owner when left intestate. So, when the girl child of the first wife is not given any share in the property of her grandfather which she is entitled to by birth, she needs to file a partition suit before a Civil Court praying order of partition in r/o said ancestral property to get back her share in the property. Reach out to an Advocate for guidance and steps.
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