15 April 2021
As per present law female legal heira having equal right as par with male legal heirs in ancestral property. My mother is entitle to take equal share in her father and grand father priperty. If my mother is not interested to ask her share. Being a son can i file partition deed, do i have any roght
16 April 2021
Your grandmother and mother have a right in their husband / father's (your maternal grandfather i.e., nana) intestate property but you do not have any right, interest or claim to file a suit for partition of such property. .
16 April 2021
Most respectfully I have some different opinion from all the learned advocates. The simple question is that if son of female can file a suit to claim ancestral property which he entitle through mother or a female? Answer of all learned friends was correct up to year 2005 but after that the female heir treated as "coparcener" which means "she and all her heirs" having inherent right over the property by birth. May be son of a living female is not arrayed in class 1 heir still he is successor of the female or now better to say that he is Coparcener through mother and having rights in property to seek partition. At least he can seek partition from his mother regarding entire property she have inherited or would inherit. Please feel free to correct my view.
17 April 2021
This is ancestral property. My mother has right take her share. But, she is not aaking her share.Some portion of propeeties already sold my mother also signed the sale deed as seller. Remaining land also she is not asking her share. As per agarwal sir view, is legal heirs of female is coperacener?