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Padmanathan (Engineer)     18 April 2013

(property rights of daughters married before 1989 (tamilnadu

Family - Father, Mother, 2 sons and 1 daughters. (Hindu family) .

All are alive.All childrans married after 1989.

My father Have 1.5 acre land fron my grand father.My grand father had 1 son and daughter .

Father's sister married 1980.

My question is 

1.Can father;s sister have right to ancestral property.(as per Law upto date).

2. My sister have right to ancestral property.(as per Law upto date).



Learning

 1 Replies

Ananya Gosain   24 August 2021

Under Hindu law, properties for purpose of inheritance are of two kinds- ancestral property and self-acquired property.

An ancestral or coparcenary property is one which you inherit from your forefathers, up to four generations. The Ancestral Property should not be divided by the members and when the division takes place, the property becomes the self-acquired property.

In the Ancestral Property, the person has the right or interest in the property right from birth, unlike other forms where interest opens upon the death of the person. 

  • Prior to the amendment that took place in 2005 in the Hindu Succession Act, only male members of the family were coparceners but now daughters, too, are entitled to get the same share as that of a son. (Vineeta Sharma v Rakesh Sharma and Ors, 2018) This implies your father's sister does have a right to the ancestral property.
  • The marital status of the daughter is unimportant in this case. If you are married or single, it will not decide your rights based on your relationship status.
  • Granddaughter and grandson also have an equal share in the ancestral property along with their father. For more information and deeper understanding, you can visit https://invested.in/ancestral-property-legal-rules/

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