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V BALA   02 December 2016

Women rights in ancestral & self owned father property

Dear Concern, 

My father having agri land of 30 acres in DIST. NAGPUR, MAHARASHTRA.

My father having ancestral land of 10 acres and he had purchase 20 acres from my uncles in 1965.(10 acres getting from my 

grand father & 20 acres SELF PURCHASE from Uncle)

Now, My father is expired in 1980 and mother expired in 2000.

We are 2 sisters & 1 brother.

1st is my Brother(age 65)
2nd my sister (married/age 55) and
3rd me (married/age 50).

After my mother death in 2000, we uploaded all 3 names at same time (Me, my elder sister & elder brother) on land 7/12 in 

2000. Till 2000, 7/12 carried my father name only.

Now, My brother is not ready to give share/ partition. 

Now, as per new SC judgement on Ancestral property 2005 has women not having equal share in Ancestral property.

My question is :-

1. SC judgement on Ancestral property - 2005 is apply for above condition. (As Name uploaded on 7/12 in 2000, before SC 2005 

law)

2. How much share, i will gate in above condition.(My father getting 10 acres from grand father & self purchase 20 acres by 

father)

3. If we go for court partition, how much time required for the same ??

Thanks in advance for your Imporatant suggestion's....



Learning

 4 Replies

adv.bharat @ PUNE (Lawyer)     02 December 2016

1) No

2) 10 acre

3) You will justice but time limit can not be determined at this stage.

Will u appreciate this answer by giving like on my LCi porfile?

1 Like

Kumar Doab (FIN)     03 December 2016

Self acquired property: Married daughters have equal share.

Ancestral Property: Was the entry of names subsequent to some partition that can be established.

It is believed that you are HIndu. Confirm.

 

 

P. Venu (Advocate)     03 December 2016

Entry in 7/12 extract makes no difference. Try to work out an amicable settlement, else file a suit for partition.

Kumar Doab (FIN)     05 December 2016

What is the nopinion of your own counsel that has examined all record.


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