Kiran Kumar 07 March 2020

Rights on ancestral property

Dear Sir

I am writing this concerning an issue going on between my Wife and her father.

My wife (Rupa) is only daughter of Mr. Venkat and Mrs. Manga. My uncle (Venkat) married another women (Ramana) about 25 years ago when his 1st wife (Manga) is alive and did not take any divorce. He has two sons from their 2nd Marriage. He (Venkat) verbally promised to give them (Manga) his fathers property (Agricultural land -1 acre) as settlement but did not make any agreements.

Now his 2nd wife (Ramana) is not allowing him to register that agreed property to his daughter (Rupa) and is asking for share on that land for her two sons (0.5 Acre land).

In the last 25 years he built house and bought some agriculture land which are on his 2nd wife (Ramana) name.

1. Now if we take legal action, does my wife get the complete 1 acre land of her grand father or will be divided?

2. If my uncles 2nd wife sons also be legal heir for that Ancestral property (1 acre land) can my wife claim on his earned property (which are on his 2nd wife name)?

Please advise.

Reply Follow

7 Replies

Akshay (Advocate) 07 March 2020

Thank you for your question

As you have said that the 1 acre property was ancestral ,First question arise (is thier any will or her grand father died intestate) see if the property her father received as separate one then you cannot claim on that.

Answer to the following questions of yours:-

1.Nothing she will get until her family comes under Joint Hindu family, then she can only claim under The Hindu Succession (Amendment) Act,2005 Where daughter of a cooparcener shall by birth become a coparcener in her own right in the same manner as the Son.

2.No, the property earned by her father is his separate one, Daughter has no right on that ,its upto The Father who will give to her daugter or Alienate the property.

Hope this will help you

Best regards,

Akshay Gupta

Kiran Kumar 07 March 2020

Sir

Thank you for taking time to respond.

That 1 acre land was part of 3 acres which was divided among three brothers of which my uncle is the youngest. And this partition was done in 2017 while their father died about 20 years ago without writing any Will.

I did not get your answer for point 1. Can you please clarify why dosent my wife & her mother come under Joint hindu Family. My uncle and Aunty were seperated about 25 years ago whithout any legal divorce.

We were (Rupa & me) married in 2015.

Thanks

Shashi Dhara 07 March 2020

File suit for partition for entire property .the court will decide it whether it is ancestral or not. .also file suit for maintenance for first wife.go and engage eminent advocate.feed him well with pink notes and get justice.

Advocate Suneel Moudgil (Advocate) 08 March 2020

1. the property, after the demise of the father, shall devolve among the legal heirs in equal share which include your wife, her stepbrothers, widow.

2. legally your wife cannot make any claim on the property which is registered on the name of the second wife, but, she can file a suit for the partition stating the same has been bought using the ancestral money.

hope u understand

G.L.N. Prasad (Retired employee.) 08 March 2020

There are several things to be looked into when daughter's claim right in the ancestral property being enjoyed by others in their names since long, and only a local advocate can verify such documents and can advise as to whether there can be a legally valid claim at this point of time or not.

Dr J C Vashista (Advocate) 08 March 2020

Rupa is entitled for her share in her ancestral property, she should seek partition.

Second marriage of Venkat and Ramana during the lifetime of Manga is illegal and invalid (presumably they profess Hinduism) during subsistance of marriage between Ramana and Venkat.

It is better to consult a local prudent lawyer for appreciation of facts/documents, professional guidance and necessary proceeding.