Ancestors property
2 months ago
As I am ST and my patarnal grandfathet died long years ago before he could share among his 3 sons. Among 4 son , 2 of them died my father too. And youngest uncle is left. 30 years he took over the land and gave in rent to others and still getting commission. And looking after his own family never gave us 2 daughters of his brother. Now we both got married in other caste and therefore he is not willing to give the share of my father's property to us. And even if he is willing then he wants extra share and give less to us. And few lands he doesn't wants to be shared as he gets commission. So in this case i want suggestions and help is there any law made by government that if ST girls getting marriage in other caste will not be given ancestors property??
An individual inherits the right to ancestral property by birth, typically referring to property inherited for four or more generations. The property of the grandmother, held by the grandchildren, is considered ancestral, entitling them to an equal share since birth. In the absence of a will and with all ancestors, including the father, passing away, the daughter holds the same rights as the son in both ancestral and self-acquired property. Marital status is irrelevant, and a married daughter has equal rights. As per the Supreme Court, a woman/daughter is considered a joint legal heir and can inherit ancestral property equally. To obtain an equal share, the legal heir/coparcener must file a civil suit for a declaration and injunction before the competent Civil Court, seeking justice under relevant sections of the law. Additionally, filing a partition suit before the Civil Court is necessary for a decree of partition for 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 grandmother 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. If all the ancestors including your father pass away without a will, 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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