Married women's right in ancestral property.

This query is : Resolved 
 

(Querist)
24 March 2019

Dear Lawyers,
Can a married woman get her share in ancestral property if his father is living? Can she file a suit for partition in ancestral property if his father is living and is not giving anything to her?
Property is ancestral/not self-acquired.



kavksatyanarayana (Expert)
24 March 2019

Dear queriest, Are you Hindu? If you are Hindu, as per Hindu Succession Act, property inherited up to 4 generations of male lineage ( father, grand father, great grand father and great great grand father). If the property is not still divided and you are the daughter of above male lineage, you will get share.

bhargav dahiya (Querist)
24 March 2019

Thank you sir,
Yes, Sir, my family is Hindu and I am asking the question for my mom.
My maternal grandfather(NANA) is misbehaving with my mom.
The property is ancestral...
And maternal grandfather(NANA) is going to give all property to his son.
We consulted to a lawyer
He told that when my Maternal grandfather(NANA) will die then only my mom can file a suit for partition of ancestral property.
Why he said that?

Dr J C Vashista (Expert)
25 March 2019

She (your maa) can seek partition in her ancestral property.

Dr J C Vashista (Expert)
25 March 2019

Consult and engage a local prudent lawyer for better appreciation of facts/ collecting necessary evidence, guidance and proper proceeding.
However, if your maa (or you) is/are located in Delhi/ NCR and feel so, may contact me (on appointment) at:
Ch. No. 647, Lawyer's Chamber Block, Dwarka Courts Complex, New Delhi, Cell # 9891152939

Vijay Raj Mahajan (Expert)
25 March 2019

When you say the entire property is in the name of your maternal grandfather, Nana, it means it's his property not ancestral property. If it was in the name of person of previous generation then your maternal grandfather, it could be held as ancestral in nature.
If the property is in name he can dispose it during his lifetime as he so desire for that your mother cannot have any objection, yes if he dies without making a Will or any testament giving his property to someone else, than your mother can claim her one share in that property.

P. Venu (Expert)
25 March 2019

The crucial question is, how is the property ancestral?

bhargav dahiya (Querist)
25 March 2019

Vijay Sir and P.venu sir, It's a mistake, According to farad/documents the name of my maternal grandfather is written along with my great grandfather and great great grand father...... It is ancestral..

P. Venu (Expert)
25 March 2019

Please note that revenue records are not conclusive as to title. In the given facts, it is impossible to make a definite suggestion.

bhargav dahiya (Querist)
25 March 2019

Sir, the land is ancestral 100 percent sure

P. Venu (Expert)
25 March 2019

If so, a suit for partition could be filed pleading that the land is ancestral.



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