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Mahendar reddy   30 November 2017

My father property

Hi sir I am 25 yrs married women. My father mother and brother are alive. They not caring me now for diffrent resons. I am planing to take something from them for feature of my daughter. Is any rites are there for me? I need to go court
my share? Or automatically convert my share?



 11 Replies

P. Venu (Advocate)     01 December 2017

You have no share or right in the father's property during his lifetime, unless, of course, the property is ancestral.

Mahendar reddy   01 December 2017

Sir the propertity is Completely Ancestral. But my father is my brother favour.

P. Venu (Advocate)     01 December 2017

How is that the property is ancestral?

Mahendar reddy   01 December 2017

Sir 40acre land came from my grand father. My fathers father.

P. Venu (Advocate)     01 December 2017

Please post the complete facts as to how your father got it from the grandfather.

Mahendar reddy   01 December 2017

It is completly came from 3 genarations, my father and his brothers are 4 members after dividing propertity my father got 40acre land

R.Ramachandran (Advocate)     01 December 2017

If you say that the property in question is Ancestral, then prima-facie you have a claim for a share in it.  But, you have to meet a lawyer who is practising in Hindu law (especially property law) and discuss things in detail with him and then take legal steps.

Kumar Doab (FIN)     02 December 2017

It is believed that you are all Hindu.

Confirm!

Kumar Doab (FIN)     02 December 2017

 

Before acting on your own on the basis of half hearted information get copy of mutation records with all link docs and show these to a very able senior LOCAL counsel  specializing in revenue/property/civil matters and confirm if the nature of the property in the hands of your father is self acquired or ancestral……..

 

If you consider yourself then count 4 generations…..

Property inherited by a Hindu from his father, father’s father or father’s fathers’ father, is ancestral property….. Any property acquired by the Hindu great grandfather, which then passes undivided down the next three generations up to the present generation of great grandson/daughter.

 

Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.

You have posted that; Your father is alive.

Kumar Doab (FIN)     02 December 2017

 

 

What is the nature of the property: Urban, Rural, Agricultural…

The said property is in which state?

If it is in UP (erstwhile undivided state of) married daughters do not have share in agricultural land per UPZALR Act.

 

You may go thru;

https://www.lawyersclubindia.com/forum/Married-daughter-rights-in-father-ancestral-agri-property-108106.asp

and other illustrated threads at LCI..

Kumar Doab (FIN)     02 December 2017

 

There is NO point in litigating if there is NO legal merit in claim and to spoil the blood relation as well.

 

Parents usually do not discriminate as far as children are concerned.

After all you and your child(ren) are their flesh  and blood also.

Avoid litigation as much as and as long as possible and more so when there are NO merits from legal perspectives…

In case said property is ancestral and you are eligible per facts of the matter your share is intact and cannot be disposed by anyone other Co-sharer.


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