daugter's right to ancestral prpery
srinivasa N
(Querist) 04 July 2011
This query is : Resolved
Hi
My father's sister who is married in 1969 is claiming for ancestral property. My grandfather died in 1952. My father got undivided ancestral in his name 1962/63 to his name as he was eldest son and later the same was devided among grandfathers siblings and my father. My paternal aunt (father's sister) is now claiming share in my fathers ancestral properly. Pls let me know whether she has any right to claim the property and if so what share she is entitled to. Is there any case laws on this where judgment is already given.
Ravikant Soni
(Expert) 04 July 2011
No she has no right in ancestral properties.
M.Sheik Mohammed Ali
(Expert) 04 July 2011
yes, she is not entitle the ancestral property. i do agree expert Mr.Soni
prabhakar singh
(Expert) 04 July 2011
she has no right in ancestral properties provided partition is proved among males forming coparcenary in 1962/63 .
srinivasa N
(Querist) 04 July 2011
Thank you sirs
Ancestrail property came to my father in 1962/63 as he was eldest son as below:
Great Grand father (A)
Grand Father (B) & 2 Brothers (C & D)
My Father (E) & His sister (F)
Land came from A to B first and then
B to E (B to E in 1962/63)
Land devided among E, C& D later may be in recent years
B died in 1952 and F got married in 1969 and she is claiming share in E's share.
kindly clarify if she is entitiled
R.Ramachandran
(Expert) 04 July 2011
It is an ancestral property in the hands of Mr. E. At the relevant point of time F being the daughter of B is not a coparcener and as such she cannot claim any share in the ancestral property. She could not have claimed any share then, and she cannot claim any share even now.
srinivasa N
(Querist) 04 July 2011
Thank you sir.
Now my fathers sister(F) wants to go to court (put case for property share) and attach all properties of ancestrial and as well self acquired by my father and self acquired property of us (E's sons). If she does so, will be able to bring stay on further sale of all such property (ancestral, my fathers self acquired and property acquired by us)
