grand daughters claim of rights in ancestral property grand daughters claim of rights in ancestral property

7 months ago

I am one of the heir of an ancestral agricultural land which I inherited from my grand father who died 30 years back, but we didn't divide it as a law suit is filed against it along with other properties. But the law suit is ruled in our favor 2 years back. but my brother claimed the whole rights to it and brought the passbooks to it. so how can i claim my right to it?

Legal Counsel Vidhikarya

Responded 7 months ago

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A.Dear Client,
A property is regarded ancestral under two conditions - if it is inherited by the father from his father, that is the grandfather after his death; or inherited from the grandfather who partitioned the property during his lifetime. In case, the father acquired the property from his grandfather as a gift, it will not be regarded as an ancestral property. A person automatically acquires the right to his or her share in the ancestral property by birth. A granddaughter can now claim an interest in the property as long as it is still ancestral property and has not been partitioned as of this date. As a coparcener of the said ancestral property you need to file a partition suit to obtain your share in the property. Reach out to an Advocate for further guidance and for suitable steps.
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Kishan Dutt Kalaskar

Responded 7 months ago

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A.Dear Madam,
If no appeal preferred then as per decree the Revenue authorities are suppose to transfer the khata in your name as per the terms of Decree.
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