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ELANGOVAN   14 August 2016

Married women rights on ancestral property

Respected  experts:

We are belongs to Hindu religion. Also live in the state of Tamilnadu. My grant father got property from his father. Hence it is ancestral property.  During my   grant father life time , he did not make any partition .  He also expired in the year of 2007. My grant father  have 3 sons and 5 daughter. Now my question is

  1. The female persons will eligible for get equal shares in that property?
  2. The above said  female  person  4 persons are married before 23.05.1989. They are eligible for equal shares in ancestral property?
  3. Now my father suit  case  against  un divided  property and also request 1/8 share of his  claim. Some of article said no rights on ancestral property , If female person  married  before 23.05. 1989. Hence My father will make amendment regarding suit case and also request of ¼ of share instead of 1/8? 


Learning

 5 Replies

adv.bharat @ PUNE (Lawyer)     14 August 2016

If marriage is done before 2005 then femal does not have right on ancestral property.

1 Like

Kumar Doab (FIN)     14 August 2016

Your father has filed suit.

What is the opinion of your own counsel that has examined all details and documents, nature of property?

 

You have posted that:

"During my   grant father life time , he did not make any partition .  He also expired in the year of 2007.'

 

What is relation of date of marriage!

The father has dceased after 2005.

If provisions of Hindu Succession (Amendment) Act,2005 are applicable, daughters have equal share.

 

1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     14 August 2016

all legal heirs of your grand father have rights over the property though the daughters married before the year 2005.

1 Like

Gaurav Pawar   15 August 2016

As per my knowledge, all the legal heirs have rights in the property, only the difference is as below: 1) If the father and daughter both are alive on 9 September 2005 then the daughter would get equal shares in the property equivalent to son's share 2) If the father or daughter was not alive in September 2005 then the daughters would get share from her parents share and not equal shares...
1 Like

Gaurav Pawar   15 August 2016

Dear Respected ones, Kindly correct me if I am wrong...

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