Daughters right on ancestor property which is in her father name
anbu bangalore
(Querist) 06 June 2016
This query is : Resolved
Dear Experts,
daughters(my mother) right on ancestor property which is in her father name,
her father and her brother told that there is no share in that property.please suggest
Kumar Doab
(Expert) 06 June 2016
Is the father alive?
Is the property ancestral?
anbu bangalore
(Querist) 07 June 2016
yes he is alive also they splitted her grand father property among his brothers
Kumar Doab
(Expert) 07 June 2016
You have posted that:
"yes he is alive also they splitted her grand father property among his brothers"
Has the property been partitioned by a valid partition deed?
First thing first; Obtain the mutation record and link documents from local revenue office/officer and show these to an able counsel specializing in family/revenue/property/civil matters and understand if the property is ancestral or HUF or self acquired, and if it has been partitioned.
If it self acquired and/or not partitioned, your mother may have a share.
T. Kalaiselvan, Advocate
(Expert) 10 June 2016
Once the property has been partitioned it loses the character of ancestral, therefore the children cannot be a coparcener and can
claim a right in it as a coparcener.
Therefore your mother cannot claim a share in the so called ancestral property. Moreover it seems to be your mother's grandfather's property which cannot be termed as ancestral property.
Kumar Doab
(Expert) 10 June 2016
Obtain the mutation record and link documents from local revenue office/officer and show these to an able counsel specializing in family/revenue/property/civil matters and understand if the property is ancestral or HUF or self acquired, and if it has been partitioned.
Your able counsel can render a considered opinion after examining the docs and inputs.
rajeev sharma
(Expert) 24 June 2016
i fully agree with T K . Property is not ancestral and no tight may be claimed by the mother of the person asking question
