Ancestral property daughter's right
Sumeet
(Querist) 28 February 2021
This query is : Resolved
Sir, My Query is regarding Ancestral property in Haryana.
We are HINDU family in Haryana and we have some query regarding the ancestral property case.
My mother and maternal grandfather(NANA) have a feud going on for many years. My Maternal grandfather (Nana) has some acres of Land and my maternal grandfather(NANA) will not give any share to my mother.
So, In 2010 my mother had filed a suit for declaration and injunction against my maternal grandfather which was dismissed by the trial court in 2016..
Then my mother left the case.
I was studying so didn’t know about it but now when I came to know about this, I am searching for a solution about how to reopen this case.
I met some lawyers, Every Lawyer has a different story,
One Lawyer is saying “ YOU DON’T HAVE TO FILE ANY CASE NOW, THIS SUIT FOR DECLARATION DOESN’T AFFECT MY MOTHER RIGHT AND AFTER THE DEATH OF MY MATERNAL GRANDFATHER, MY MOM CAN TAKE THE SHARE”
One Lawyer is saying” Suit for declaration is not maintainable, you should have filed a suit for partition, and we can file a suit for partition in the court again.”
One Lawyer is saying” This suit has to be filed again in HIGH COURT for declaration only.
MY QUESTIONS IS:-
SIR PLEASE PLEASE TELL ME WHAT SHOULD I DO?
HOW TO PROCEED, WHICH LAWYER IS SAYING RIGHT?
SHIRISH PAWAR, 7738990900
(Expert) 01 March 2021
Hello,
Your mother has share in the ancestral property. She can file partition suit before civil court for her share in the ancestral property.
P. Venu
(Expert) 01 March 2021
How is that the property is ancestral?
Dr J C Vashista
(Expert) 07 March 2021
It is "Only and Only" suit for partition, possession and mesne profits has to be filed by your mother in the District Court where property is located.
In Haryana where is the land ?
