daughter share in ancestral property
akanksha
(Querist) 15 January 2016
This query is : Resolved
hello sir.
I want to ask you how i can get my share in ancestral property if my father make a will in which he deny to give me my share. because I was married outside my caste. its agriculture land which he inherited from his father and forefathers..
and my mother have a residential house can I qualified to get a share in that house also.
I am from bareilly Uttar Pradesh..
kavksatyanarayana
(Expert) 15 January 2016
as your father already made a will to the property and hence you cannot get a share in that property. for your mother property, if it is her self acquired, it is her will and wish to bequeath her property to any one. if she dies intestate then all her legal heirs get equal shares over your mother's property.
M/s. Y-not legal services
(Expert) 16 January 2016
i hope you are belongs to hindu religion.. if it is so.. since the property is ancestral property, your father is entitled to make WILL or any other arrangements only for his share. he can not encumbrance the entire property.
and WILL become to force after your father's demise only. you are deserved to claim your share from your ancestral property.
Adv. Yogen Kakade
(Expert) 16 January 2016
Even if your father making a will about the division of the ancestral property.. the will is not valid.. you father do not have right to transfer the rights over the ancestral property through will.
Challenge the will and get your share.
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888
Rajendra K Goyal
(Expert) 16 January 2016
Your father has right to bequeath his self acquired property held by him. Show the documents to local lawyer and confirm whether the property is within the scope of ancestral property.
If Your mother expires intestate, you can claim your share.
Kumar Doab
(Expert) 16 January 2016
It is felt that such query has been discussed.
You may confirm on it and also what is your own counsel's opinion?
Agriculture is state subject.
In UP married daughters are not entitled to get a share from agriculture land, as provided for in UP Land and Zamindari Abolition Act.
If the property is in mother's absolute/self acquired property, you have no forced share in it in her life time.
If she deceases without leaving a valid WILL you have equal share.
YOu may take up the matter with an able counsel specializing in family/revenue/property/civil matters and well versed with local laws.
K.S.Srinivas
(Expert) 25 January 2016
Daughters have equal share in ancestral properties.
