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AMIT KUMAR (GOVERNMENT EMPLOYEE)     03 September 2013

Ancestral property dispute

This is regarding right of daughters in the property of father.

Please advise accordingly as per details as under:-

My mother and my mother’s 3 sisters want to know whether they have their rights in the property of their father who has died 15 years ago. Actually my maternal grand mother died 20 years ago and when she was alive then my maternal grand father and maternal grand mother adopted a son. After the death of my maternal grand mother my maternal grand father did second marriage. My grand father did not have any child from second marriage. Now, my step maternal grand mother has also died and only step uncle (my mother’s step brother) is alive.

 

Please advise whether these 4 sisters who are actually blood related children have their rights in the property or not.



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 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     03 September 2013

Definitely if this property is Ancestral Hindu Family Property, you being daughter also one of the Coparcener as any son of the family can claim same share in the property as the any son. The 2005 amendment in the Hindu Succession Act, 1956 has giving equal right to daughters as the sons to claim share in the Ancestral Hindu Family property. The essential issue to decide whether the said property is Ancestral in nature or not is very important & for that any property which has passed from three generation up to the present one who being the fourth generation to enjoy & claim a right over such property

MDSARAFAT HUSSAIN (PROPRIETOR)     04 September 2013

sir/madam I am MD.SARAFAT HUSSAIN and we are from MUSLIM FAMILY here I a have a question n query too that:- My Grandfather bought property in GUWAHATI (ASSAM). After my GRANDFATHER DEATH the NAAMZAREE N PROPERTY goes to my GRANDMOTHER name before my Grandmother death she had partitioned the land between his Five sons. Recently it came to my knowledge that my 4 UNCLES want to sell the whole property n father too is trying to sell this property before he was not agree but how hee agreed under what circumstances we don't know. My 1 younger brother 1 Sister along with my mother and myself are against this sail of enherited property of our GRANDFATHER n we have objection on this sell of property how can we stop this,my 4 uncles can sell their part of which they got for that we have no objection but the part of the property which my FATHER got that property part we don't want to sell.. for this PROPERTY my father torchured my MOTHER n saying that if we force him he will LEAVE us n divorced my mother.. at this age of 54..What is the judicial step for this .. 1:Is there anyway any JUDICIAL law by which we can stop our father from selling this property? 2:Do my brother, mother,Sister and myself have a right in this inherited property? So ,I will be very grateful if LAWS EXPERT give my answers n show the right path according with the INDIAN LAW. Regards MD.SARAFAT HUSSAIN CITY-GUWAHATI STATE- ASSAM E.Mail ID- videonics43839@gmail.com sarafat21@yahoo.co.in

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     08 September 2013

You have to follow as per  Muslim personal act. My advise to you meet a local lawyer who deals muslim property cases. or else you can lawyer search in this website itself.


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