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Venkateshwar Reddy   09 June 2018

Ancestral property

Hello All, This is Venkateshwar Reddy my grand father(Father's father) expired in 2003, My Aunt(Grand father daughter) filed a case for ancestral property claiming Equal right Along with Sons ,However the property got Partitioned in year 2007 on her name.I happened to see that daughter's right to ancestral property does not arise if the father died before the amendment of the Hindu law came into force in 2005. I would like to claim that property back now Please advice how to go about it ? & also advice if the property got sold to others from my Aunt how to claim that as well ? Looking for the very prompt responses


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 4 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     09 June 2018

As per me daughter's have equal rights in properties.

Kumar Doab (FIN)     09 June 2018

You have posted about Hindu succession laws so IT is believed that you are all Hindu.

Succession opens on date of death of owner/title holder and notional partition may happen..

Is your father alive?

The property was partitioned by court in 2007?

Have you discussed in person with your own very able LOCAL senior counsel of unshakable repute and integrity specializing in testamentary/succession/civil matters  and well versed with latest citations, LOCAL applicable rules/laws/personal laws… and having successful track record…. and worth his/her salt…..and shown the said court order/partition of 2007 etc etc

Check at LOCAL civil courts, HC,SC..for such counsels..

Confirm!

Kumar Doab (FIN)     09 June 2018

 

What is the error in decision by court or partition as per your counsel?

Ancestral Property; that is four generation old……………..Or any property acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter.

Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.

Apparently the property as posted by you is not ancestral.

Moreover if court has decided the matter in 2007 then court might have not erred on such imp. aspect.

Discuss in person with your LOCAL counsel, as already suggested above.

Thereafter you may  not have doubts.

Venkateshwar Reddy   10 June 2018

My Father is not alive he expired in 2002, The land is eqaully partioned in 2007 by the MRO.


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