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can minor child acquire ancestral property of her father ?


Can my minor child acquire the Ancestral property of her father?

 

Why i have to ask is , currently we are in a dispute for divorce, i am willing to divorce my husband, but i have to make my minor child's life safe , as she should get what she deserves.

The property is in my hus name, but his father(husabnd father) is still alive, husband's father got the property from his father....so is my minor child eligible for the property?

 I am sure my husdnd's family will not be happy to share the property to the child, so i nedd legal help!

Is my minor child has legal rights for the ancestral property even if its NOT IN my husband's name , I MEAN MAY BE STILL IN MY HUSBAND'S FATHER'S NAME as he is still alive!!

 

Please help me....as i am facing a divorce in front of me.....

I need a legal help...........................

 
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Corporate Lawyer

Dear Susanna,

To determine a person’s share in Hindu ancestral property, three sources of law have to be understood – 1) Old Hindu law 2) The Hindu Succession Act, 1956 and 3) Judicial decisions.  

In order to give rights to daughters, the act introduced a legal fiction of ‘notional partition’ whereby when a male Hindu dies after the commencement of the act, (leaving behind female relatives and without executing a will) his share in the coparcenary property is deemed to have been divided at the time of his death, whether actual partition has taken place or not.

 
a)     This means that if a family consists of a father, mother, two sons and a daughter, the share of the father at the time of death, after notional partition would have been 1/4th share in ancestral property. This is because each of the sons take one share (as coparceners), the wife takes one share and the father takes one share as per the rules of old Hindu law (and as per judicial pronouncements which have interpreted and enlarged the scope of the Hindu Succession Act). 
 
b)    The share belonging to the father is then again sub - divided equally between all the heirs, i.e., mother, sons and daughter. This 1/4th share goes out of the co-parcenary property for all times. Thus the sons apart from inheriting 1/4th share as coparceners in their own right, also inherit a small share in their individual capacity from the divided share of their father. The share inherited by the mother and daughter also goes out of the coparcenary property. There are conflicting judgments on whether the shares of the sons are to be treated as coparcenary properties or not after partition, by the different high courts and supreme court.
 
Be it minor or major, girl is having right to share and interest in the property of father except in the property earned by the father which is self acquired property.
 
Hope this clarifies your query. Feel free to communicate.

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Dear Yougesh Sir,

 

One doubt still esixts in me....my daughter(minor) is the fourth generation. The property is currently in my husband's name (3rd generation), he got the property from his father (I name him XY - 2nd generation). (XY) got the property from his father....(1st generation)

So isnt this an Ancestral Property???

 
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Corporate Lawyer

Dear Susanna,

Ofcourse it is ancestral property and your minor daughter does have right, share and interest in the said property.


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Thanks a lot Yogesh Sir for the information!!

1. Does my child has a right in another ancestral property, which is currently in my husband's brother's name (Husband       father still alive, husbnd'd brother can enjoy the full rights of the property only after parents death) - my child the fourth generation - 3rd generation my husband's brother - 2nd generation hus father - 1st generation husband's father's FATHER

2. ANOTHER ancestral property was sold by my father in law and with that money my father in law bought our      matrimonial home, WHICH IS PRESETLY IN MY HUSBAND'S NAME, so our matrimonial home comes under self acquired property???? So my minor child can't have a share in this property???

 

Please help me with an appropraiate answer !

 
Reply   
 
Corporate Lawyer

Dear Susaana,

No, as regards the property which stands in the name of uncle, your daughter doesn't have right. If at all the same is there, if any, the same can be challenged by your husband subject to if there is partition and which has not been effected properly.

The house which you said your father in law purchased and which stands in your husbands name as on date was purchased form the sale proceeds of the ancestral property. As per law, any further property which is purchased out of the sale proceeds of the ancestral property after selling it does not become self acquired property. Your daughter is having right in the house as well as the same was purchased by her grand father, though stands in the name of her father.


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Thank you very much Yogesh Sir!! Now i can move accordingly!!

 
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Corporate Lawyer

You are always welcome. feel free to communicate if you need more assistance.


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