Right of a married daughter in ancestral property

Nikhil chaudhary (Querist) 26 March 2025 This query is : Resolved
Hello Lawyers,

I hope you're doing well.

My NANA (mother's father) has got his ancestral land from his fathers and great great grandfathers. The agricultural land is in Haryana and it is ancestral in Nature.

My NANA (mother's father) has 2 sons and 2 daughters (including my mother), and all are living. In 2022, my NANA transferred all the agricultural land in the name of his sons without taking any written permission from my mother or masi (Daughters).

My Questions are:

1. Is it legal?

2. Can my mother challenge the transfer? What case should we file and Is it under Limitation?

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Quick Summary

A married daughter has a right to a share in ancestral property, even if it has been transferred to her brothers without her consent. The transfer itself may be challenged, and a partition suit can be filed to claim her rightful share. This action is not barred by the Limitation Act, allowing a claim even at a later stage.

T. Kalaiselvan, Advocate (Expert) 26 March 2025
You cannot challenge the partition done by your grandfather with his sons however your mother can file a suit for partition claiming her rightful share with separate possession.

Nikhil chaudhary (Querist) 26 March 2025
Thank you sir for your reply, what is the limitation of this case, 3 years or 12 years?

T. Kalaiselvan, Advocate (Expert) 27 March 2025
If your mothe has a share in the property as a right then seeking partition by filing a suit for partition through court of law is not barred by limitation act.
She can file the suit for partition even at this stage without asking for cancellation of the partition that took place earlier.

Dr. J C Vashista (Expert) 27 March 2025
Your mother has equal share in the ancestral land, she will have to seek partition through a local prudent lawyer.

Nikhil chaudhary (Querist) 27 March 2025
Thank you, everyone.

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