Can a non-resident, co-inheritor, married daughter of an ancestral house enforce a partition of the house against the wishes of the only other resident, co-inheritor, married son of the same house?
Curious2know (Others) 31 January 2017
Can a non-resident, co-inheritor, married daughter of an ancestral house enforce a partition of the house against the wishes of the only other resident, co-inheritor, married son of the same house?
Kumar Doab (FIN) 31 January 2017
Is it the same matter/property you have been inquiring at:
https://www.lawyersclubindia.com/experts/Ancestral-residential-property-557076.asp
https://www.lawyersclubindia.com/forum/Common-facilities-dispute-in-ancestral-property-75169.asp
https://www.lawyersclubindia.com/forum/Ancestral-residential-property-126322.asp
Kumar Doab (FIN) 31 January 2017
First of all confirm if it is ancestral or self acquired property.
A parental property may not neccessarily be ancestral.
Also confirm if you are all Hindu?
Curious2know (Others) 01 February 2017
It is an ancestral property, not self acquired by parents. And it is a Hindu family. Thank you.
Curious2know (Others) 03 February 2017
The status of the property has changed (since the parent has expired) and so has the matter of the inquiry. Thank you.
Kumar Doab (FIN) 03 February 2017
Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is.... ancestral property.
If it is devided in between it looses its nature of ancestral property.
Kumar Doab (FIN) 03 February 2017
If father was alive on and after 9 Sep,2005, married daughter should have equal right.
If nature of property is self acquired married daughter should have equal right.
Curious2know (Others) 03 February 2017
Curious2know (Others) 03 February 2017
The father was alive on and after 9 Sep, 2005 so the married daughter has equal rights. Agreed. But she is non residential and married son is residential. In which case can daughter enforce a partition and break down / sale a portion of the property. Please advise,
Kumar Doab (FIN) 03 February 2017
Daughter may not break down or can not and must not involve in ant act that is not ias per law.
She may first involve elders of the family, neutral persons and try for amicable setlement.
If nothing is possible she may Party in Person if she is confident and well informed or thru her counsel specializng in such/property/civil matters approach court of law for parttion, on merits.
Curious2know (Others) 05 February 2017
Thank you for responding.
Kumar Doab (FIN) 05 February 2017
You are welcome.
Kumar Doab (FIN) 05 February 2017
You are welcome.
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