Female legal heirs
raghavendra
(Querist) 15 April 2021
This query is : Resolved
As per present law female legal heira having equal right as par with male legal heirs in ancestral property.
My mother is entitle to take equal share in her father and grand father priperty. If my mother is not interested to ask her share. Being a son can i file partition deed, do i have any roght
kavksatyanarayana
(Expert) 15 April 2021
No. You have no interest. You will have a right in your mother's share if she takes her share.
Isaac Gabriel
(Expert) 15 April 2021
She can relinquish her share by a gift deed
Dr J C Vashista
(Expert) 16 April 2021
Your grandmother and mother have a right in their husband / father's (your maternal grandfather i.e., nana) intestate property but you do not have any right, interest or claim to file a suit for partition of such property. .
Advocate Bhartesh goyal
(Expert) 16 April 2021
I completely agree with the views expressed by expert Dr.J.C Vashistha.
P. Venu
(Expert) 16 April 2021
Your mother's right subsists even after lifetime, unless she had relinquished her rights in the property through a duly executed registered deed.
J K Agrawal
(Expert) 16 April 2021
Most respectfully I have some different opinion from all the learned advocates. The simple question is that if son of female can file a suit to claim ancestral property which he entitle through mother or a female?
Answer of all learned friends was correct up to year 2005 but after that the female heir treated as "coparcener" which means "she and all her heirs" having inherent right over the property by birth.
May be son of a living female is not arrayed in class 1 heir still he is successor of the female or now better to say that he is Coparcener through mother and having rights in property to seek partition.
At least he can seek partition from his mother regarding entire property she have inherited or would inherit.
Please feel free to correct my view.
P. Venu
(Expert) 17 April 2021
With due respect, the querist does not appear to have the case that the property is ancestral.
kavksatyanarayana
(Expert) 17 April 2021
Here the mother is not interested to take a share in her father's property. Then how a son can ask partition is my doubt, the learned expert Mr.J.K.Agrawal sir.
J K Agrawal
(Expert) 17 April 2021
That is also mine. The question is like coparcener through a male member is having right by birth. So the coparcener through female member also having right by birth or not?
J K Agrawal
(Expert) 17 April 2021
As per amendment the female member being treated as coparcener now simple question arises that her sons and daughters are coparceners or not
raghavendra
(Querist) 17 April 2021
This is ancestral property. My mother has right take her share. But, she is not aaking her share.Some portion of propeeties already sold my mother also signed the sale deed as seller. Remaining land also she is not asking her share.
As per agarwal sir view, is legal heirs of female is coperacener?
P. Venu
(Expert) 17 April 2021
How is that the property is ancestral?
raghavendra
(Querist) 17 April 2021
My mother father father or grand father purchased. My mother father and grand father both are dead
raghavendra
(Querist) 17 April 2021
My mother father or grand father purchased thevproperty. My mother father and grand father both are dead intestate.
