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Daughters right

(Querist) 30 May 2013 This query is : Resolved 
Hello,
I want to know about my mothers rights on my grandpas property... my mother is born on june 1957.. and she is married in 1980...now we want file a suit to get my mothers share in her father property. we are staying in Maharashtra.And my maternal grandpa staying in chhattisgarh. so plz help me asa early as possible.

Thanx in advance
ajay sethi (Expert) 30 May 2013
your grandfather is still alive . he can dispose of his self acquired property as he pleases . dont antagonise him please . he wont leave your mother a penny if you file suit .
Rajendra K Goyal (Expert) 30 May 2013
A practical advise by Sh. Ajay Sethi Ji.
Raj Kumar Makkad (Expert) 30 May 2013
No partition can be made during the life time of your maternal grandpa so no relief can be got as on day.
Anamika agrawal (Querist) 01 June 2013
Sir please tell me that is there any problem to file a suit against him? As per my knowledge under sec 6 of Hindu Succession Act,2005 a daughter has a right in her ancestral property.
Anirudh (Expert) 01 June 2013
Dear Mr. Barish,
It is not clear from your post as to whether the property was self-acquired by your grand father or how he got the property. Without knowing this it is not possible first to come to the conclusion that it is "ANCESTRAL PROPERTY". Only if it is Ancestral Property, and the property had not been partitioned prior to the coming into force of amended Sec. 5 of the Hindu Succession Act, 2005 will come into play. Otherwise not. Therefore please come out with complete details about how the property came into the hands of your grand father.


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