Regarding women coparcenery right as per hindu law.
kathyayani krishna
(Querist) 27 September 2012
This query is : Resolved
Dear Sir/Madam, A house property devolved to my father,myself and my two brothers as ancestral property. issue is recently my father executed a gift deed,in which the above said ancestral property was made in favour of my elder brother and the same was witnessed by mother and younger brother. All this happened without my knowledge.Later on enquiry,I came to know that they deprived my right on three reasons i.e,1. I love married to different caste person. 2.they contributed some amount for my medication(fertility treatment).3.they gifted few ornaments long back.My query is, whether the above reasons support the waiver of coparcenary right of women as per hindu law. please suggest the course. -Mrs krishna.
Rajeev Kumar
(Expert) 27 September 2012
Dear Mrs. Krishna, The above reason given by you doesn't bar your right from the ancestral property. You should file partion suit for getting your share.
kuldeep kumar
(Expert) 28 September 2012
YES AGRRED WITH KUMAR.UR RIGHT IS RIGHT IN REM N AVAILABLE AGAIST ENTIRE WORLD MINUS THE WILL AMOUNT OF UR FATHER.PARTITION SUIT LIES.
Guest
(Expert) 28 September 2012
Coparecenary rights are indefeasible on the grounds mentioned by you. Your father could make the gift only to the extent of his own share in the ancestral property. File a suit for partition.
Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court
prabhakar singh
(Expert) 29 September 2012
If the property can be prooved ancestral by you in which you have COPARCENARY right,then will is valid only up to the extent of share of your father in the COPARCENARY without affecting your share in the COPARCENARY for which you have right to sue for partition of your share.
