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Rakesh (Manager)     10 September 2009

Ancestral Property

 Hi experts,

My grand father is an adopted son to his father who has expired long time back. My grand father has 2 daughters and 3 sons, now the problem is the property which he is willing to distribute was not earned by him, but was transferred to my grand father as he was the only adopted son to his father.

Now he wants to give away the big house to his 3 sons only.

My query is whether daughters have equal right to the property or not accordning to Indian/Hindu law.

He wants to divide the house in to 3 parts instead of 5 parts, is it justified or not




 5 Replies

A V Vishal (Advocate)     10 September 2009

Since the property in dispute has taken form of a ansectral property and your grandfather is still alive and as per the amended Hindu Succession Act, 2005, your aunts too have a share and cannot be denied a part in your great grand-father's estate. He is not justified in alloting the property only to his sons, there can be legal hassles in future if your aunts seek legal help.

kranthi kiran (Works In Judicial Department)     10 September 2009

I agree with the above. Your aunts are undoubtedly eligible for  equal share in your grand father'ss property, which is succeded by him from his father.

sapna (self employed)     11 September 2009

I fully endorse the view of Vishal ji unless your aunts chose to relinquish their  respective share in the property.

Rakesh (Manager)     11 September 2009

 Thank you Vishal ji for your valuable response and also to other members.


Thanks Once again

with regards,


A Mishra (Director)     12 September 2009

The most important thing in your case is whether or not the property is ancestral? Kindly elucidate how the property was transferred in your grandfathers name.If it is not an ancestral/joint Hindu family property,your grandfather can dispose of the property as he wishes.

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