coparcenery property (ancestral ..?) partition
r.pratap
(Querist) 28 December 2015
This query is : Resolved
Sir
we have land which we have inherited fron father after his death.This land was earlier purchased by grandfather and came to father by inheritance. My two sister are also as legal heir demand share.my query
1.death of father is after sept .2005, whether sister as coparcener entitled .
2 whether this has become ancestral or coparcenery property, in section 6 the word coparcenery is mentioned whether coparcenery and ancestral one and same.
3, I have understood from experts openion that propety purchased by great grand father becomes ancestral in hand of great grand son/ daughter and claimable under section 6 of HSA.
4 if property comes under section 6 in 4 th generation , then in recent judgment of supreme court prakash vs phulwatin, property of adoptive mother , is considered ancestral in hands of deceased father and phulwati is not considered entitled .how not clear.whether our grand fathers property in hand of father falls under section section 6 and sister are dntitled.pl clarify thanks.
kavksatyanarayana
(Expert) 28 December 2015
Your sisters have rights over the property of your father if he died intestate.
Rajendra K Goyal
(Expert) 29 December 2015
In the given facts, your sisters have right in the property. However, it is better to show all documents to local lawyer.
