Married daughter's right on ancestral property??
Nikhil chaudhary
(Querist) 24 February 2019
This query is : Resolved
.......................................................................................................
Vijay Raj Mahajan
(Expert) 25 February 2019
Two things, firstly the self acquired property of your maternal grandfather (NANA JI), in that during his lifetime none of his children including your mother seek claim only after his death if he dies intestate, namely without making a Will the children and his widow can seek their inheritance right and share.
Secondly the ancestral or Coparcenary property of the Hindu family where your grandfather (NANAJI) is Karta or head of the Hindu family, in that property all the Copacenaries, namely your grandfather (NANAJI), all his sons and daughter have right by birth and definitely your mother is one of those Coparcenary.
Your mother can seek her share in the ancestral or coparcenary property now during the lifetime of your grandfather (NANA JI), if she is denied her share, she can file suit for partition of that ancestral property and get her share with the help of the civil court.
Nikhil chaudhary
(Querist) 25 February 2019
Thank you Vijay sir for your advice, But some lawyers are saying that My mom can never get her share & posession in ancestral property till my NANA is living, after death of NANA only we can fight and get the posession?
IS IT TRUE???
Vijay Raj Mahajan
(Expert) 25 February 2019
Ancestral or Coparcenary property is common property of all members of the Hindu family and the right of the Coparceners come in existence at time of the birth in the family. To claim his/her share by way of partition one need not wait for death of the Karta or any other Coparcener.
Any lawyer giving the advice to wait for NANA JI's death is having no knowledge of Hindu law for succession and ancestral property.
Dr J C Vashista
(Expert) 27 February 2019
Well advised by expert Mr. Vijay Raj Mahajan, I agree and appreciate his acumen.
Consequent upon amendment in Hindu Succession Act, 1956 (amended in September 2005) daughter has equal share in her parental/ ancestral property.
Consult and engage a local prudent lawyer for filing a suit for partition, possession, damages and mesne profits,
If you are located in Delhi/ NCR and feel so, may contact me (on appointment) at:
Ch. No. 647, Lawyer's Chamber Block, Dwarka Courts Complex, New Delhi-110075
email: majjagdish@yahoo.com Cell # 9891152939
