Right of daughter in ancestral property.
Querist :
Anonymous
(Querist) 21 June 2020
This query is : Resolved
Hello experts,
My mother is treated very rudely by my Maternal grandfather and Mama.
My maternal grandfather is alive and has some acres of Ancestral property.
The property is ancestral in nature because it has been inherited from 4 generations of my great great maternal grandfather and is not divided once
Q1. Do my mother has right over the agricultural land?
Q2 Which case is to be filed by my mother to get the share in Ancestral property-" SUIT FOR DECLARATION AND POSSESSION OR DIRECT SUIT FOR PARTITION, POSSESSION AND PERMANENT INJUNCTION OF AGRICULTURAL LAND "
Because I have heard that " In case of daughter right in ancestral property, daughters have share by birth , so no need for declaration"
Q3 Do we have to pay the court fee also?
Q4. My maternal grandfather is alive, Can she file the case now or it is possible after the death of my grandfather?
**Sorry for being anonymous because many members of my family are regular member of Lawyersclub****
PLEASE GUIDE ME.
Guest
(Expert) 21 June 2020
Discuss in detail with Local Good Senior Advocate Or with Free Legal Aid Forums in the concerned Court and they would guide and take care.
P. Venu
(Expert) 21 June 2020
The facts posted suggest that the property need not be ancestral. Please verify.
Querist :
Anonymous
(Querist) 21 June 2020
The property is ancestral sir.. I am sure
Raj Kumar Makkad
(Expert) 21 June 2020
1. Yes, she has a right in such ancestral property.
2. Yes, the suit for partition and possession is duly maintainable.
3. Yes, but the Court fee is nominal in almost all States in India in such cases say Rs. 100/- or so on.
4. She can file such suit even during the lifetime of your maternal grand-father.
Dr J C Vashista
(Expert) 22 June 2020
All the four questions posted by you are replied as affirmative.
Prima facie you are a professional and posted these questions to enhance your confidence.
Rajendra K Goyal
(Expert) 22 June 2020
You said:
Q1. Do my mother has right over the agricultural land?
Reply:
Now the daughters have right in the ancestral property, your mother have share in the property.
You said:
Q2 Which case is to be filed by my mother to get the share in Ancestral property-" SUIT FOR DECLARATION AND POSSESSION OR DIRECT SUIT FOR PARTITION, POSSESSION AND PERMANENT INJUNCTION OF AGRICULTURAL LAND " Because I have heard that " In case of daughter right in ancestral property, daughters have share by birth , so no need for declaration"
Reply:
Suit for partition is advised.
Rajendra K Goyal
(Expert) 22 June 2020
You said:
Q3 Do we have to pay the court fee also?
Reply:
Court fee is nominal, but court fee is to be confirmed locally as it differ from State to State.
You said:
Q4. My maternal grandfather is alive, Can she file the case now or it is possible after the death of my grandfather?
Reply:
She can file case now.
Dr J C Vashista
(Expert) 22 June 2020
You did not submit reply to the queries, why ?
Querist :
Anonymous
(Querist) 22 June 2020
Thank you makkad sir, goel sir , vashisht sir....
Vahisht sir I was little bit busy that's why cannot able to reply very soon.
Vashisht Sir, I am not professional but i Loooove to study Law.
And I have a Situation going on in my Family.
So, need to Clarify my doubts from great Experts of Lawyersclub.
Thank for great advice.
Rajendra K Goyal
(Expert) 22 June 2020
You are welcome, may revert in case of any further question on the problem.
Raj Kumar Makkad
(Expert) 22 June 2020
You are welcome as and when required any legal advice.
P. Venu
(Expert) 23 June 2020
The property need not be ancestral just because "it has been inherited from four generations"; a property is ancestral if it is inherited up to four generations and should have remained undivided throughout this period.
Admittedly, the property has been divided lest your grandfather would have holding the property jointly with his siblings etc. Prima facie, the property is not ancestral. If your mother files the partition and suit, and the property is established to be exclusively vested with your grandfather, he would be emboldened to exclude your mother from inheritance by executing gift or Will, at his discretion.
As such, you need to weigh all pros and cons before pushing your mother to further antogonise her father (Of course, if this is a real-time issue).
Rajendra K Goyal
(Expert) 23 June 2020
Humbly differ with the expert.
The author has mentioned that the property was not divided once (undivided from 4 generations). The author has not mentioned that there existed any sibling of the NANA (father of mother).
There is no ground to disapprove the claim of author that the property was ancestral.
In such a case, mother has a share in the property.
P. Venu
(Expert) 23 June 2020
The property that has not been divided through four generations cannot be vested with a single person. Such a scenario is impossible.
Rajendra K Goyal
(Expert) 24 June 2020
Advice was based on the facts provided in the query. considering these as true.
Rajendra K Goyal
(Expert) 25 June 2020
As advised, advice was based on the facts provided.
There was no ground to differ the provided information.
Yet expert has right to differ with the advice and also with the author by saying that the author has provided wrong / unreliable facts.
