Daughter right in ancestral property

Sumeet (Querist) 28 February 2021 This query is : Resolved
Sir, to get married daughter's Right in Ancestral property(NANA PROPERTY), which suit is maintainable?

Do we have to file a suit for declaration and injunction?

Do we have to file a suit for PARTITION and POSSESSION ?

Grandfather and mother both are living as of now.

Pls Clarify.

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Quick Summary

This discussion clarifies a daughter's rights to ancestral property. If the property is indeed ancestral and the grandparents are alive, a suit for partition and possession may be maintainable. However, if the property is self-acquired by the grandfather, no partition can occur while he is alive. The advice suggests including 'mesne profits' in the suit and confirms a mother's share in ancestral property.

Advocate Bhartesh goyal (Expert) 01 March 2021
If property is ancestral then you have to file suit for partition and possession but from your query it seems that property is self acquired property of your grandfather ( Nanaji ) and at present he is alive so no question of partition arise.

P. Venu (Expert) 01 March 2021
You are posting many a query. What is the real issue, if any?

Dr J C Vashista (Expert) 07 March 2021
Yes, suit for partition without possession shall be dismissed.
It should also include "mesne profits".
Your mother has a share / right the her ancestral property.

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