Property rights Property rights

2 months ago

my maternal grandfather have ancestral land farm property.
my maternal grandfather registered an ancestral farm land in my maternal grandmother's name in year 1991.and my maternal grandfather removed his name from above property in year 1991.
my mother was death in year 2015.
my age is 10 years and i have one sister 16 year.we both live with my father.
my maternal grandfather was death in year 2021.
my maternal grandmother is registered/added her son name in ancestral farm land in year 2021.
now above property are registered of my maternal grandmother and her son.
my question is that can i and my sister claim the above farm land property?

Anik

Responded 1 month ago

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A.Dear Client,

An individual acquires the right to ancestral property by birth, typically referring to property inherited for four or more generations. According to Hindu inheritance law, a legal heir or coparcener is inherently entitled to an equal share in ancestral property from birth, alongside other legal heirs. In the case of grandchildren from maternal grandmothers, you have the right to claim the share of your deceased mother. Section 6 of India's Hindu Minority and Guardianship Act, 1956 stipulates that the natural guardian for a Hindu minor boy or unmarried girl is the father, followed by the mother. If minor children are entitled to property through inheritance or other means, your father, acting as your natural guardian under the Hindu Minority and Guardianship Act of 1956, can assert the share of your deceased mother in the maternal ancestral property on your behalf.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 1 month ago

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A.Dear Sir,
You can try your luck by filing partition suit as your deceased mother also entitled for a share in the said property.
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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. As per the Hindu law of inheritance, a legal heir or coparcener is entitled to an equal share in the ancestral property by birth along with other legal heirs. You being grandchildren of your maternal grandmothers entitled to claim the share of your deceased mother. Section 6 of India's Hindu Minority and Guardianship Act, 1956 provides that the natural guardian of a Hindu minor boy or unmarried girl is the father, and only after him, the mother. If minor children are entitled to receive property by inheritance or otherwise, your father being your natural guardian under the Hindu Minority and Guardianship Act of 1956, can claim the share of your deceased mother of that maternal ancestral property on behalf of you. Reach out to an Advocate for guidance and steps.
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