Supreme court sets 2005 cut-off on women right to ancestral property
Deepak sharma
(Querist) 07 July 2016
This query is : Resolved
We have two houses in uttar pradesh and among them one house is registered in the name of our grandfather and the second house in the name of grandmother.
I have heard recent rulling from the SC that daughter's whose fathers died before 2005 can't claim any right on their father property.
(http://indianexpress.com/article/india/india-news-india/supreme-court-sets-2005-cut-off-on-women-right-to-ancestral-property/)
Scenario is My grandfather died in the year 1995 and my grand mother died in the year 2009
So in this condition can the bua's(grandfather daughter) claim the property in the name of grandfather?
So in this condition can the bua's (grandmother daughter) claim the property in the name of grandmother?
If No in that condition their son is the owner of the house???
Kumar Doab
(Expert) 08 July 2016
Show all property related docs to a very able counsel and confirm if the nature of property is ancestral.
Rajendra K Goyal
(Expert) 08 July 2016
Who purchased the property and how it came in the name of your grandfather?
Show all documents to local lawyer to confirm whether the ingredients of ancestral property exist in the present case.
P. Venu
(Expert) 08 July 2016
From the facts stated, the properties are not ancestral; the Supreme Court decision has no application. Your buo has a share in the property.
Deepak sharma
(Querist) 08 July 2016
Thanks for replying this query.
grandfather/grandmother property is bought by THEM (PROPERTY IS IN THEIR NAME)
Now scenario is
Grandfather/Grand Mother ->Not alive (first generation)
My father->Not alive (Second generation)
I am married (My self)->Third generation
and have
one daughter and son-.fouuth genearATION
pROPERTY IS huf NEVER DEVIDED
Kumar Doab
(Expert) 08 July 2016
Property for mother's side is not ancestral.
Relate your own query and your own answer in your last post.
Is your bua convinced with your explanation?
She seems to be right in her demand.
Better to settle amicably and avoid bitterness.
Deepak sharma
(Querist) 09 July 2016
Thank you respected lawyers
Is this property is ancestral?
P. Venu
(Expert) 09 July 2016
NO is the answer.
Kumar Doab
(Expert) 09 July 2016
Based on your own posts you have been advised.
Beyond this you may consult your own counsel and satisfy your self.
Deepak sharma
(Querist) 09 July 2016
Thank you very much for the valuable advice
Many Thank,
Deepaak