Partition of ancester property
namdev kadam
(Querist) 03 May 2012
This query is : Resolved
my wife has one brother & one elder sister [total 3]she has got right in peternal inherit property at village her name appears in 7/12&recod of right[6c of mah land rev code 1966] now her bro say she has no rights in father's property i will not give anything by dadagiri.my wife married in june 1979 my question is that how she get partition of property.
Nadeem Qureshi
(Expert) 04 May 2012
Dear Namdev
the property is ancestral or Self acquired?
if the property is self acquired and there is any Will executed by the owner in his favour only then your wife has no right in this property otherwise she has right.
feel free to call
Shashikant V. Patil
(Expert) 04 May 2012
As per Hindu Succession Act 1956, your wife is also a legal heir of her father and hence her name entered in 7/12 extract. she has a rights in the said property. And as per amendment of 2005 in Hindu Succesion Act 1956, the boy and girls devolve equal rights in the ancestral property inherited from the father. her share & rights cannot be denied by her brother.
namdev kadam
(Querist) 05 May 2012
sir, thanks. property is ancestral and not self aquired, there is no will.
Anirudh
(Expert) 06 May 2012
I am sorry. In spite many times repeating, the Experts are not ascertaining the complete facts before giving their views on the query. This is not at all correct. By such replies they are only misleading the querist. The querist does not at all get benefit from such half-baked replies.
Dear Mr. Kadam,
To get the appropriate answer, you have to give the following particulars:
1. How did the father of your wife got the property?
2. Did he purchase it from his own earnings, or he got the property from his father etc.?
3. If he got from his father, in which year he got it?
4. Whether your wife's grand father has acquired the property from his earning or he got the property from his father etc.?
5. When did the grand father of your wife die?
6. When did the father of your wife die?
7. Whether your wife's mother was alive when her father died?
These are the minimum information required, before one can attempt to give answer to your query.
Based on the information that will be provided by you, it is quite possible, some more additional information may be required.
Please give answers to the above query - one by one point wise - very clearly.
Shonee Kapoor
(Expert) 06 May 2012
If it is ancestral property, then your wife would have a share in it.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
