can Daughters inherit ancestral property can Daughters inherit ancestral property

5 years ago

I am from Hindu Family staying at Maharashtra. My Grandfather died in 1974 and Grandmother in 1970. She was 2nd wife of my grandfather. My Grandfather had 1 son and 2 daughters from 1st wife & 5 sons and 3 daughters from 2nd wife. Out of these 11 siblings, 1 elder son and 1 elder daughter died before 1974. Birth of all these siblings are before 1945 and all are married before 1974. At the time of my grandfather’s death, he had 400 Guntha land which spread over in 4 survey numbers and 30 parts. (e.g. 2,6,24,2,24,9,4 Guntha etc). My Grandfather had not prepared any`Will’. Till date, partition of this land is not been carried out. At present, 5 sons who were alive at the time of my grandfather’s death and their family members are utilising this land for farming. My Question is: Since, my grandfather died in 1974 and his daughters are born before 1945, can `children of daughters’ claim? If they have rights, what percentage they can claim? How can partition of this land be done?

Deepak Yashwantrao Bade

Responded 5 years ago

A.dear client As per the Amended Act and Apex court decision under hindu family daughters inherit ancestral property in the absence of will of probate. You have a complex matter and requires deep study, better to consult a senior property lawyer to guide & help you quickly
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Ambrose Leo

Responded 5 years ago

A.As per the Amended Act and Apex court decision under hindu family daughters inherit ancestral property in the absence of will of probate. You have a complex matter and requires deep study, better to consult a senior property lawyer to guide & help you quickly.
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Pradeep Manjarekar

Replied 5 years ago

Respected Sir, thanks for the response. I am expecting primary views on the matter, so I can get guidelines for further action.
According, to my views, before 1956 daughters have no right in inheritance and sons have equal right in ancestral property means property to be divided among sons and father. After the amendment 1956, daughters have the right in fathers share. Hence after the father’s death, fathers share to be divided among all siblings.
In our case, all siblings born before 1945, sons have the right equal to fathers share and thereafter, after the father’s death (i.e. 1974) fathers share to be divided among all siblings.
Whether my views are according to law OR not.

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Ambrose Leo

Replied 5 years ago

The Act and supreme court guidelines not retrospective your view in respect of prevailing law.

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Pradeep Manjarekar

Replied 5 years ago

Thanks for the information

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