Ancestral property daughter rights
2 months ago
Sir. Iam the daughter of my parents. My parents was died in 2005 later my brother's divided property among them selfs .the property was ancestral property came from my grand father.can I claim now
An individual inherently possesses the right to ancestral property by birth, typically referring to property inherited for four or more generations that remains undivided. In the case of the grandfather's property in the hands of the grandchildren, it is considered ancestral, and they have an entitlement to an equal share since their birth. Gender, caste, or marital status does not affect the daughter's rights, as she holds the same rights as a son in both ancestral and self-acquired property. The Supreme Court has clarified that a daughter is a joint legal heir and can inherit ancestral property equally, irrespective of the father's status before the Hindu Succession (Amendment) Act, 2005.
To claim an equal share in the property, as a legal heir/coparcener, filing a civil suit for a declaration under Section 34 of the Specific Relief Act, 1963 before a competent Civil Court is necessary. This involves seeking an injunction under Order 39 Rule 1 & 2 CPC, along with Section 151 of CPC, requesting the Court to use its inherent power for justice. Additionally, filing a suit for partition under Section 54 of CPC before the Civil Court is essential, seeking a decree for the partition of the property.
A.Dear Client,
An individual gets the right to ancestral property by birth. Typically, ancestral property refers to property that has been inherited for four or more generations and has not been divided or sold off. The property of the grandfather in the hands of the grandchildren is the ancestral property and they are entitled to an equal share in the said property since their birth. The daughter has the same rights as the son in both ancestral and self-acquired property. The caste or marital status of the daughter is immaterial/irrelevant, and a married daughter has the same rights as an unmarried one. The Supreme Court 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. So, to obtain an equal share in the said property, you being a legal heir/copercener, have to file a civil suit for a declaration under Sec.34 of the Specific Relief Act, 1963 before the competent Civil Court seeking an injunction under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC requesting the Court to exercise its inherent power to do justice. Additionally, you have to file a suit for partition under Sec.54 of CPC before the Civil Court praying for a decree of partition of the said property.
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