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Gurumoorthy.V (Retired)     31 August 2021

Civil law

Rights and share of a daughter from her fathers's ancestral property(Flat) Legal heirs 3 sons and a daughter of which elder son already got his share at the time of converting the property in to flats


 8 Replies

Dr J C Vashista (Lawyer)     01 September 2021

Daughter has an equal share with other legal representatives of deceased in the intestate property of her father.

Ananya Gosain   01 September 2021

Under Hindu law, properties for purpose of inheritance are of two kinds- ancestral property and self-acquired property. An ancestral or coparcenary property is one which you inherit from your forefathers, up to four generations. The Ancestral Property should not be divided by the members and when the division takes place, the property becomes the self-acquired property. In the Ancestral Property, the person has the right or interest in the property right from birth, unlike other forms where interest opens upon the death of the person. Prior to the amendment that took place in 2005 in the Hindu Succession Act, only male members of the family were coparceners but now daughters, too, are entitled to get the same share as that of a son. (Vineeta Sharma v Rakesh Sharma and Ors, 2018) The marital status of the daughter is unimportant in this case. If you are married or single, it will not decide your rights based on your relationship status. Granddaughter and grandson also have an equal share in the ancestral property along with their father. For more information and deeper understanding, you can visit https://invested.in/ancestral-property-legal-rules Regards
1 Like

Shashi Dhara   01 September 2021

If Flat is ancestral property then how many years old ,it is in demolish stage ,verify ,flat is not immovable property .

Gurumoorthy.V (Retired)     01 September 2021

The Flat is ancestral property of my Father-in-law and it is more than 23 years old .Before that it was an individual house and was later converted in to flat system

P. Venu (Advocate)     01 September 2021

The facts posted do not suggest the property to be ancestral Moreover, you have not posted the material facts highlighting the real issue, if any.

Gurumoorthy.V (Retired)     02 September 2021

Originally the property was an individual house of my Father-in-law's father's one. After his father's death that Ancestral property was demolished and constructed in to flat system and the one was belonged to my father-in-law and he died in the year 2008. Now after 23 years the legal heirs of my father-in-law i.e my 3 brother-in-laws and my wife wants to sell the property. Now my question is that my wife has equal share with his brothers in the property so mentioned.

Shashi Dhara   02 September 2021

Yes she gets her share equally with her brother's .

P. Venu (Advocate)     02 September 2021

Yes, she gets equal share in the property being self-acquired.

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