ancestral property
Querist :
Anonymous
(Querist) 04 July 2011
This query is : Resolved
hi
My mother is 60 years old born in 1949 and got married in 1969. Is my mother eligible to claim ancestrail property? Property is in the name of my uncle (my mother's only elder brother) My uncle has self acquired some property also. but my mother wants to claim share in ancestral property. Property came from my grandfather after his dealth to his elder son (my mothers brother) but no share given to my mother
R.Ramachandran
(Expert) 04 July 2011
At the relevant point of time, your mother was not a coparcenar and as such she cannot claim any share in the ancestral property.
Querist :
Anonymous
(Querist) 04 July 2011
Hi sir
Thanks for prompt reply. We are in the state of karnatka. As i understand from of my relatives and frineds in karanaka after the hindu succussion act amendment even daugther married before 1994 is also eligible for ancestral property. Can u pls explain under what conditions they are eligible
R.Ramachandran
(Expert) 04 July 2011
You please give the following minimum information to enable me to explain the position in detail. (Since you have said that the property is'ancestral' I assume so, and I am not going into the question whether it was really ancestral or not).
When did your grand father die?
How many children (son(s) and daughter(s)?
When did the daughters (other than your mother) get married?
Querist :
Anonymous
(Querist) 04 July 2011
Sir,
My grandfather died around 1955 but no record available for the same. My mother is the only daughter and my uncle is the only son (elder). Property transferred to my uncle's name from my grand father after many years of this death.
R.Ramachandran
(Expert) 04 July 2011
At that time when your grand father died, daughters are not the co-parceners and therefore are not entitled for any share in the partition. Therefore, your mother cannot claim any share in the ancestral property.
Querist :
Anonymous
(Querist) 04 July 2011
Sir,
thank u for your response. I am still confused. below is high court judgment details in karnataka
//
Bangalore, March 20: The Karnataka High Court in its signifigant judgement, has proclaimed that the daughter has an equal share in property as the son. As per this judgement now, marriage is not considered as a hurdle in making a daughter demand her equal share in the property.
This judgement from the High Court means validation of the Hindu Succession (Amendment) Act, 2005.
“Son is a son until he gets a wife; daughter is a daughter throughout her life. A married daughter is also a coparcener and she is entitled to equal share along with the son,” a division bench comprising Justices N Kumar and A N Venugopalagowda said while delivering the judgement.
//
In view of the above can my mother claim ancestral property When my father died in 1955 land was in my father's name only and only after his death it has gone to my brothers name.
request your clear inputs on this. Under what circumstances woman married before 1994 are not entitled to ancestral property.
