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ashwin (Querist) 25 October 2010 This query is : Resolved
dear sir /madam,
my friend's father inherited 3 cents land from his mother as his share. he then purchased 3 cents each of his brother's share from 4 of them . now he is not willing 2 give a share of this 12 cent land 2 his daughter can he do that?

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adv. rajeev ( rajoo ) (Expert) 25 October 2010
It is an ancestral property daughters can claim their share.

s.subramanian (Expert) 25 October 2010
Yes.

niranjan (Expert) 25 October 2010
In my opinion daughters can claim only out of 3 cents inhereted and not from the lands purchased.

R.Ramachandran (Expert) 25 October 2010
Only those properties from male lenients which devolves on the survivors (earlier only male members due to their birth and now even female members due to their birth) is ancestral/co-parcenary property. Even here, after enactment of HMA 1956, if the property is inherited (as opposed to partition) then it will be private /individual property in the hands of the inheritor. It will be his absolute property. This is subject to the condition that the deceased does not leave any female heirs who are Class-I heirs.
In the instant case, the property is said to have been inherited from mother. It is not an ancestral property at all. It is a private absolute property of the inheritor. Therefore the question of any one claiming any rightful share in it does not at all arise.

Devajyoti Barman (Expert) 25 October 2010
Yes

Kirti Kar Tripathi (Expert) 26 October 2010
agree.

s.subramanian (Expert) 30 October 2010
I stand corrected. I agree with Mr.Ramachandran.

pawan sharma (Expert) 02 November 2010
Now the daughter is also comes under the Ancestral or Co-parcenary property.

R.Ramachandran (Expert) 02 November 2010
Mr. Pawan Sharma is not correct since the property in question is not an ancestral property at all.

Khaleel Ahmed (Expert) 03 November 2010
She can claim her share in only 3 cent of property , which is inherited property.

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