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Bipul Jeet (Engineer)     01 June 2012

Inheritance of ancestral property dispute

Dear Experts,

I have a query regarding the rights of inheritance to ancestral property of my maternal side.

My maternal grandfather had 7 children: 5 sons and 2 daughters. My maternal grandmother died in 1995 and grandfather died in 2002, without leaving any will or so. One of the daughters, (other than my mother), also died in 1990 and the rest are living.

My maternal uncles have decided to go ahead with dividing the entire ancestral property (land, house etc) among the 5 brothers without caring to involve their sisters. My mother raised her voice demanding her rights, but they chose to ignore it claiming there was no such law.

Please advice me on the following poits:

1) Does my mother have any right over the property?

2) What legal options do I have in case they fail to listen?

3) Is there any official/legal document which I can get hold of, which should remove any doubts in their minds about the rights of the my mother? If yes, where and how can I get it?




 2 Replies


Your mother has an equal share in the property. She may file a suit for partition to claim it.

kvss.prabhakar rao (Advocate )     07 June 2012

The Hindu Sucession ACt amendementin 2005 gives all daoughters right over ancestral property and joint family propoerty. So your mother have every rigth to file suit. You can scceed the same 

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