ghansham 08 December 2020

Ancestral property

Hi,

Please see the family tree below

=============================

Great Grand Father (Bought Property) - Not Alive
↓
Grand Father - Alive , but no son
↓
Daughter
↓
girl Child (minor)

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Daughter got divorced. The girl child is staying with husband. Husband has signed the mutual divorce agreement that girl child will not have claim / rights on daughter's property or family property.

In this case,

can girl child claim ancestral property of her great grand father when grand father and her mother is still alive?

Can she claim even when her father has signed she will not have any claims in her mother's property?

Can father file case on behalf of her daughter to claim mother's ancestral property?

Please advice

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1 Replies

Dibyakanti Modak 09 December 2020

First of all this property is not at all ancestral Property.

can girl child claim ancestral property of her great grand father when grand father and her mother is still alive? - No

Can she claim even when her father has signed she will not have any claims in her mother's property? - Yes. Read the section 8(2) of Hindu Minority and Guardianship Act

Can father file case on behalf of her daughter to claim mother's ancestral property? - No. This property is not ancestral. Now for this property If mother is alive then not. Only after the death of the mother (if died intestate). If mother dies before the child attains age of 18 , Father can claim on child's behalf.