Querist :
Anonymous
(Querist) 12 February 2010
This query is : Resolved
sir. As per law in andhrapradesh state can you please answer to my queries 1.can a married woman claim for equal rights in ancestral property(father father's property)and under which section can she claim so. 2.can a married woman claim for equal right in her ancestral property after her father is dead . 3.can the wife claim for share in her husband's property which he had aquired from his ancesters(after her husband's death.)
adv. rajeev ( rajoo )
(Expert) 12 February 2010
As per the amended hindu succession act sec 6 female is also coparcener of the family, which means right by birth, she can claim her share in the ancestral property. After the death of her father she can claim her share. but recently high court of karnataka held that if there is any alienation before 2005 act came into force she cannot claim. Wife can certainly claim her share in her deceased husband's property in his share only not in the entire ancestral property.
Raj Kumar Makkad
(Expert) 12 February 2010
I do agree with rajeev.
with all fatcts of the case the rights of married daughters to be decided .
The Property is Joint family Ancestral/proerty , it is not partitioned , the same is not sold /Transferred /disposed etc , the property must be in joint available for partition . married daughter can claim partition !
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