ancestral property

Querist : Anonymous (Querist) 06 November 2009 This query is : Resolved
sir,
I was married in 1978 when I was a minor(14 years of age). My father had received 50 acres of agricultural land from my grand father and my father died in 1997.My father has not earned any property on his own.
we are 3 sisters(including me) and 3 brothers and our mother.Can you kindly suggest if i have right in my fathers property and can i claim for it in court.The property is in andhrapradesh

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A V Vishal (Expert) 06 November 2009
What is the status of the property after your father's death

adv. rajeev ( rajoo ) (Expert) 06 November 2009
u wil get 1/7th share in the property. As Vishal is asked it is necessary to know the status of the property after the death of ur father.

Sachin Bhatia (Expert) 06 November 2009
You can claim 1/7 share in the property.

Raj Kumar Makkad (Expert) 06 November 2009
I disagree with the opinion of all above noted experts. As the father died in 1997 and not in 2005 so daughters shall not be entitled for the equal share as of sons in the inheritance of their father's ancestral property. The daughters had only right of maintenance in such properties. So the anonymous shall become entitled only for the 1/21 share and you can get it partitioned as and when you requiree. Check the mutation whether it has rightly been sanctioned accordingly or not. If not it can be got challenged before civil court at any time and your share is preserved what so ever be the status of the property at present.

Anish goyal (Expert) 06 November 2009
I think facts are not proper to decide the case. Anonymous tell us.
1) when your grand father died?
2) how property went to your father 4m his father?
3)at the time of death of your grand father who were the family members

Kiran Kumar (Expert) 06 November 2009
pls reply to queries raised by Vishal Ji and Anish Ji....so that some concrete advice can be given.

Shivasurya (Expert) 06 November 2009
Send notice to the other legal heirs of your father (mother, brothers and other 2 sisters) by demanding 1/7th share on the property if they refused immediately file suit for partition against them before the concerned Sub-Court. you can definetly get 1/7th share on the property

Vineet (Expert) 07 November 2009
Assuming that the property became father's HUF property, the author gets her intestate succession rights in father's share of HUF property under section 6 of Hindu successsion Act as it stood at the time of death of father.

Subject to status of property as required by various experts, in my opinion author has 1/7th right in father's share in joint stock property had it been partitioned on the day of his death. considering there were four coparceners (father an three sons) and mother on that day, father's share would have been 1/5th in the property.

Thus author should get 1/35th porion of the joint stock property.

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