Ancestral property rights for married women


We are 4 Brothers & 3 Sisters (Hindu - Tamilnadu).   We have an agri land property in the name of our Grand Father purchased his own in 1920.  After our Grand Father, our father (only son) maintained  the land (but didn't transfered to his name).  After our father (passed in 1980) we all 4 brothers maintaining it and transfered only PATTA in our 4 (bros) names.    The deed still in the name of Grand Father name.    All sisters married before 1970s.  We (4 bros) maintaining the land more than 30 years.  Now we want to sell the land, but all sisters demanding equal share.  

Whether this property can be considered as Ancestral property and as per Tamil Nadu act Women married before 25-03-1989 is eligible for equal share?... if all sisters go for legal action, is there any provision to defend them.

 
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Practicing Advocate/Legal Consultant/Legal Process Outsourcing 08427414792

Unlike the Tamil Nadu Hindu Succession (Amendment) Act, the Hindu Succession(Amendment) Act 2005 passed by the Parliament lays no disqualification for a married daughter. The Tamil Nadu Amendment is directly in conflict with and inconsistent to the Central Amendment. It is, therefore to the extent of this inconsistency, void.
Sisters have an equal share in the land irrespective of when they married.

 

Regards,

Ashish Davessar

Advocate

 
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Hello brother, I plead that the property is not the ancestral one, it is a joint family property. And if you sisters are born prior to 1956  also plead that their rigth in the property is limited and therefore they donot have equal rigth as that of u brothers. Make the case to fall for division under notional  partition.

 
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