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Daughter died before September 9-2005 will her children claim ancestral property Daughter died before September 9-2005 will her children claim ancestral property

2 months ago

Hi,
My grandmother has four children: 3 daughters and 1 son. My mother died ( February 2005 )

Note:
1. My grandfather got a property from his father.
2. After my grandfather died, it was transferred to my grandmother.

Question:
My mother passed on Feb 2005 still can I claim my mother's share .

Anik

Responded 2 months ago

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A.Dear Client,

An individual acquires the right to ancestral property by birth. Ancestral property typically refers to assets inherited for four or more generations, which have not been divided or sold. In the context of property inherited from a grandmother, the grandchildren are entitled to an equal share in the ancestral property from their birth. Similarly, property inherited from a grandfather is also considered ancestral.

In the current situation, to claim your rightful share in the inherited property, as a legal heir and coparcener, you should initiate the process by filing a partition suit before a Civil Court. This legal action involves requesting the court to order the partition of the ancestral property, thereby facilitating the distribution of shares among the legal heirs. Taking this step is essential to ensure a fair and lawful division of the ancestral property among the rightful beneficiaries.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

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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. The property inherited by your Grandfather is classified as ancestral property. In the given situation, to obtain your share in the said property, you being a legal heir/coparcener have to file a partition suit before a Civil Court praying for an order of partition of the said ancestral property. Reach out to an Advocate for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

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