Venkat (consultant) 23 May 2012

Rights on grand father property

Hello All,

My grand father had 20 acres of land in village .He has two dauthers and one son. The son is the my father and he has five children ,three dauthers and two sons.My grand father was died around 30 years back and my father also died around 20 years back.

Me and my brother are staying together and cultivating the land.The three sisters of us also married and we gave dowry amount and gold at the time their marrige.

The issue is ..My elder sister filed a case in court saying that divide the land into five shares and provide her share .

My elder sister intentionally filed a case againt us to get extra land even we gave dowry and gold to her at the time of her marrige.

I came to know that there is some amendment law which gives the equal right for male/female childs in their ancetral propery.

My aunties (two daughters of my grand father are still alive )are they eligible for their share in the land?

Can anyone help me here how to deal this case effectively .

I Appreciate quick replys.

Thanks in advance..

Best Regards

Venkat.

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4 Replies

cyberlawyer (barrister) 23 May 2012

By virtue of sec 6(1) of the Hindu Succession (amendment) act, a female coparcener will have the same right as that of a male coparcener and is entitled to coparcenery property if the owner of the ancestral property has died after the commencement of the above said act. But since your grandfather has died 30 yrs back, your aunts have no right in the property...

Hope your query is answered suitably...

Hon'ble members may correct me if i am wrong...

bhaabusridhar (accountant) 24 May 2012

Sir

I have my father still alive, 85 yrs old. He has made a will registered(self owned property) in my sister name. My self and two elder brothers also inthe family. Since i have got 2 male children aged 9 and 6 yrs. Is there any right to ask property for my children Kinldy clarify.

Regards

Ramesh babu

Adv Archana Deshmukh (Practicing Advocate) 24 May 2012

@Ramesh Babu

If the property is self acquired property of your father, then he has every right to make a will in favor of any person of his choice. You cannot ask for any share for your children.