Hema Neelakantan 21 April 2016

Property divided amongst brothers only n sisters deprived sh

Said ancestral property is in the state of Kerala in the name of my mother's father who died in 1943. Property consists of houses , gold n other stuff , full details of which are not available with us. My grandfather had 6 children, 3 sons and 3 daughters. Of which, only the sons have inherited the property giving nothing to the daughters. Nor was any share given to my grandmother. The entire property was divided amongst the 3 sons only quoting some law saying that since the state of Kerala was not formed at that time, there was no law which said that daughters should be given an equal share in the ancestral property. My question is, a)whether this is correct b) whether the daughters n their legal heirs are entitled to their share in the ancestral property. c) in case the legal heirs of the daughter's are entitled to a share, what is the right way to go about it.

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(Guest)

Yes she is entitled for her share I ancestral property...ur mom can challenge er brothers in court

Kumar Doab (FIN) 21 April 2016

You may show all docs on record to an able counsel specialzing in family/revenue/proeprty/civil matters and well versed with local laws etc.

You may also go thru:

THE HINDU SUCCESSION ACT, 1956

(30 of 1956)

https://admis.hp.nic.in/himpol/Citizen/LawLib/C129.HTM

3. Definitions and interpretations.

Explanation. -In this clause “ancestor” includes the father and “ancestress” the other;

(h) “Marumakkattayam law” means the system of law applicable to persons-

(b) Who belong to any community, the members of which are largely domiciled in the State of Travancore-Cochin or Madras 1[as it existed immediately before the lst November, 1956, and who, if this Act had not been passed, would have been governed with respect to the matters for which provision is made in this Act by any system of inheritance in which descent is raced through the female lie;

But does not include the aliyasantana law;