Daughter Ancestor property share
5 months ago
In 1991 my father gave his all property to my two brothers equally and if they transferred they're all property to their wife and sun or sell. can I ask for my share as daughter in these conditions
A.Dear client
As a daughter you too have equal rights over your father’s property, you can challenge the transfer deed made only in your brother’s name by filing a suit.
You need to consult an advocate for further procedure.
As a daughter you too have equal rights over your father’s property, you can challenge the transfer deed made only in your brother’s name by filing a suit.
You need to consult an advocate for further procedure.
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A.Dear Client,
According to the Supreme Court, in case a father leaves his self-acquired property to his children through a gift deed or through a will, the property retains its status as a self-acquired property and won't turn into an ancestral property unless stated otherwise in the deed. The Supreme Court further held that a woman/daughter shall also be considered as a joint legal heir as a son and can inherit ancestral property equally as a male heir, irrespective that the father was not alive before the Hindu Succession (Amendment) Act, 2005, came into effect. In view of the aforesaid averments of the Apex Court, if the property is the self-acquired property of your deceased father who gifted the said property to your brothers in 1991 when he was alive, you cannot claim your share in the said property. But in case it is an ancestral property of your deceased father, you are entitled to an equal share along with your brothers irrespective that the father was not alive before the Hindu Succession (Amendment) Act, 2005, came into effect. Reach out to an Advocate for further guidance and steps.
According to the Supreme Court, in case a father leaves his self-acquired property to his children through a gift deed or through a will, the property retains its status as a self-acquired property and won't turn into an ancestral property unless stated otherwise in the deed. The Supreme Court further held that a woman/daughter shall also be considered as a joint legal heir as a son and can inherit ancestral property equally as a male heir, irrespective that the father was not alive before the Hindu Succession (Amendment) Act, 2005, came into effect. In view of the aforesaid averments of the Apex Court, if the property is the self-acquired property of your deceased father who gifted the said property to your brothers in 1991 when he was alive, you cannot claim your share in the said property. But in case it is an ancestral property of your deceased father, you are entitled to an equal share along with your brothers irrespective that the father was not alive before the Hindu Succession (Amendment) Act, 2005, came into effect. Reach out to an Advocate for further guidance and steps.
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