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Rahul (n/a)     28 May 2011

Sister claim on ancestral property

hi,

I have ancestral property from my great-great-great grandfather.


my question is if my sister can claim right  on it?


my father died and prepared no will.

 

I have a lot of cousins. some can support her to get right on property. if they support will she get right on the property?


please help me.

 

thanks in advance.



Learning

 5 Replies

Shashikant V. Patil (Lawyer)     28 May 2011

Dear Rahul,

Your sister is very well having right over the ancestral property.  Obviously her name might be entered in the record of rights after the death of your father.  Therefore, you cannot deprived her share by any means.  And there is no question of supporting her by your cousins.  As  prevailing law is in support of females as they have a equal rights over a property of father.

Ravikant Soni (LAWYER IN JAIPUR)     29 May 2011

If your father died on of after 09-09-2005 the she can claim...

Ravikant Soni (LAWYER IN JAIPUR)     29 May 2011

if not than go thru these rullings.....

 

 

1-       AIR 1976 SC 109

SURJEIT LAL CHHABDA VS. COMM. OF IT BOMBAY

2-                 AIR 1990 SC 619

HIRAJI TOLAJI BAGWAN VS. SHAKUNTALA 

Somu_Ji_2608 (.......)     04 June 2011

Hi Ravikant Sir, COuld you please also help me as my case in almost similar to that of Rahul. My father died in Apr 2003 and my grandmother in whose favour my Grandfather's will was died in June 2005.

Facts :- A claimed self acquired property ( but actually purchased out of Ancestral wealth) by Grandfather in New Delhi, Grandfather died in Sept 1993 & willed( unregistered) solely in favour of Gransmother, Grandmother died in June 2005 willed unregistered ( Will was made in 1996) that if the property is disposed off share would be divided among three sons ( A, B & C). Son A died in Oct 1997 leaving 1 son & 2 daughters wife also predeceased, Son B died in April 2003 leaving 1 son & 4 daughters & wife also predeceased & Son C is still alive. Now I wanted to know in regard to Son B who died in  April 2003 leaving 1 Son and 4 married daughters as class I heirs, suppose the Property is sold for net proceeds 60,00,000/- ( Sixty Lacs), Son B's son would get how much share & his 4 daughters get how much legally keeping in view of the applicability of HSA 1956 new ammendmenst effected 9.9.2005.

Can anyone answer keeping in view the applicability of all the ammendments of HSA till 2005, I am ready to meet further to engage a good councel to deal in this settlement.


 

S. K. Vaidya (Employee)     06 June 2011

the question of sister's claim is an diplomatic issue and is also concerned with the date of their marriage if the father is alive . However once the father dies after passing the hindu succession act his anchester share devolves upon class I heirs say wife son daughter his mother equally by virtue of succession act 1956 if he is hindu. Therefore your sisters being daughter of your father and class I heirs will suceed anchester property along with you


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