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js (erw)     03 September 2015

Right of a daughter in ancestral property

Hello

I am 21 year old female.

My Great Grandfather (Grandfather of my mother) held a plot measuring 1000 sq. yard in Kota Rajasthan. My Grand fathers were three brothers. They inherited a property from their father i.e. my great grandfather My grand father had a share in aforesaid property. He has two children my mother (age 42 years now) and my mama (Age 40 years). My grand father died in 2006 After his death I came to know that my mama ( My mother's brother) has entered into a family settlement with brothers of my grandfathers without taking my or mine mother's consent and without putting this into our knowledge and made partiton of above plot. They got the said family settlement registered in 2007.

In the said family partiton there was no mention of mine oor my mother) when later we came to know about it somehow we acquired a copy of the settlement. In the settlement there was a reference of a will reportedly made by my grandfather before his death in 2006 in his son's,(i.e. my only mama) name. Copy of this will was never shown to us nor I was ever told about this.

Do I have a share in aforesaid property

Gunjan



Learning

 4 Replies

Advocate Rohit (Advocate)     03 September 2015

in the ancestral property your mother has a right in the share of the property. You grandfather (nanaji) cannot make a will which takes away the right of your mother. Hope your mother had not signed any relinquishment deed in favour of your mamaji.

Your mother needs to serve a legal notice to the mamaji and other family members asking for partition of the ancestral property.

 

Regards

Adv. Rohit M. Dalmia

9324538481

Mumbai

prabhakar advocate (advocate)     03 September 2015

Your mother has got a right in the property.  Engage an advocate and start legal proceedings.

Krishna Murthy Pasupula (High Court Advocate )     03 September 2015

Yes, your mother can claim a right in the share of the property.


Krishna Murthy Pasupula :: Advocate- Hyderabad ::  pasupulaw@gmail.com


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