Upgrad LLM

inherited property distribution


Hi,

I am from a Hindu family. My grandfather got a property as a gift. Then my father inherited the property from my grandfather. As my father was the only heir for the property when my granfather died, my father was the sole owner of the property. Then after my father got married, he had three daughters and me(son).. Now my father died in 2010 and he wrote a will saying the whole property should be transfered on my name. My sisters are asking for the share in the property saying that it was inherited property and was not earned by our father so will does not play a role in it. I sold the property in 2012. Is it leagal for them to ask for share  even if my father was sole owner and wrote a will?? Also if their share exists please guide me on the law for share of a women married before 1984 or 1994?? I am not sure of the year but I got to know the share is not equal for women married before that year.

 
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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

Dear Querist,

Your sister's date of marriage is immaterial. Any property inherited by person from paternal ancestors is ancestral property/unobstructed in which his children acquire a birth interest. They can validly stake a claim and ask a share. 

 
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Practicing Advocate/Legal Consultant/Legal Process Outsourcing 08427414792

The property is ancestral in nature, and your sisters have an equal share in it which they can claim by filing a partition suit. There is no disqialification for married daughters.

 
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But the absolute ownership of  my father does not make it self acquired property of my father?? And what about the will my father wrote.. isnt it of any significance?

 
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I also read that for property to be ancestral it should be 4 generations undivided..isnt that right?

 
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i filed a suit for declaration of title over A schedule property. actually I have to file suit for partition, as some of the defendants have got right of share in the property. whether my suit is maintainable or not.

 
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