Supreme court sets 2005 cut-off on women right to ancestral property
SUSHANTA KUMAR PAUL
(Querist) 21 January 2016
This query is : Resolved
Hi,
My dad had a property in his name.But now his siblings (3 brothers) had a fight on that property and approached court for justice. Other 3 brothers presented a fake will and it was proved in court that the will is fake. Now court has asked my dad for goodwill we have to divide the property between all the brothers and my dad agreed to it to get the property divided between 4 of them. My dad and other 3 brothers also has a sister who is now demanding for her share too.
My question: Is my aunt (My dad's sister) eligible for her share too?
Note:
1)My grandfather (My dad's dad) has died long back may be 20 years back and also my grandmother is no more who died may be 15years back.
2) My dad's age is 67 and my uncle's (My dad's brothers) ages are 69,65,64.
3) My aunt's (My Dad's sister) age is 62
Devajyoti Barman
(Expert) 22 January 2016
If this is the ancestral property and the grandfather dies before 2005 then your aunt can not claim any share in it.
Rajendra K Goyal
(Expert) 22 January 2016
If it was self acquired property of your grandfather, your Bua has share in it.
P. Venu
(Expert) 22 January 2016
How is it that the property is in your father's name though, prima facie, it is not his self earned property.
K.S.Srinivas
(Expert) 01 February 2016
I go with the expert Sri Barman.
