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ancestral property

(Querist) 29 March 2010 This query is : Resolved 
dear sir/madam,

I m a divorcee and have two daughters who are in my custody. the elder is 2002 born and the younger is 2004 born. my father-in-law holds a property which has passed to him through his grandfather. the property is suitated at some place in Gujarat. can the daughters get a share in the property as it is an ancestral property?

Please let me know the provision under which i can claim the property. i think they get a right to share vide an amendment made in the hindu succession act, but m not sure.
bhagwat patil (Expert) 29 March 2010
yeh they will definately get their share
Parthasarathi Loganathan (Expert) 29 March 2010
Patil saheb, whether the son (divorcee's husband) is also entitled to share the ancestral property?
Raj Kumar Makkad (Expert) 29 March 2010
In the given quarry, not only daughters but both the daughters of predeceased son are fully entitled to inherit his share on the demise of your father in law.

Though you have interest in the properties now shown recorded in the name of your father in law but as soon as he expires, you and both your daughters shall inherit the full share of your predeceased husband in equal share.
Raj Kumar Makkad (Expert) 29 March 2010
Please read first part of my above rely as under:

In the given quarry, not only your daughters but you are legally entitled to inherit the share of your predeceased husband but on the demise of your father in law.
Parveen Kr. Aggarwal (Expert) 30 March 2010
Yes. The daughters can get share in the property the same being ancestral property.
Kumar Thadhani (Expert) 02 April 2010
I agree with experts Mr Makkad and Mr. Parveen.


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