Ancestorial property. Share for women

Shilpa Mani (Querist) 17 April 2017 This query is : Resolved
Hi, My father in law is entilted for an ancestorial property. He has 2 son and 5 daughters. All daughters are married after 1989. Also he was passed away in 1994. Does his daughters have right in the ancestorial property. Note: My mother in law is also no more.

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Adv. Yogen Kakade (Expert) 17 April 2017
Yes.. your wife shall have a share in the property.

Adv. Yogen Kakade
Jurycon Incorporation (Advocates & Consultants)
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Phone: 020-65248888 / 09225510883

Rajendra K Goyal (Expert) 17 April 2017
Whether it is agr. or residential property?

Who, when, how purchased it and how it came in the name of your father in law?

In which state the property is situated.

Advocate Bhartesh goyal (Expert) 17 April 2017
Your wife has certainly a share in the ancestral property but she can not file suit for partition as per decision of S.C titled as Prakash vs Phoolawati and your wife's father had been passed away before 2005 so she can't file suit but can be impleaded as defendant.

Ms.Usha Kapoor (Expert) 18 April 2017
Yes!Your wife will have a share in her father's ancestral property on par with her brothers/sons..

Shilpa Mani (Querist) 18 April 2017
Am not sure about the source of the property. Its My father in law's ancestral property from his grandfather. There are both agricultural land and house in Tamilnadu. What will be the procedure for the daughter to claim the share and if so will it be equal share.

Adv. Yogen Kakade (Expert) 18 April 2017
Get all the property related current and old documents from the revenue records and contact a local lawyer to help you.

ramesh (Expert) 24 April 2017
Yes daughters are also eligible for a share in the ancestral property. First apply for encumbrance certificate find, on whose name the property stands as on date.
For your share it's better to speak with all the siblings to finalize the issue amicably.

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