Women rights in ancestral property & self owned father property
V BALA
(Querist) 15 December 2015
This query is : Resolved
Dear Concern,
My father having agri land of 30 acres in DIST. NAGPUR, MAHARASHTRA.
My father having ancestral land of 10 acres and he had purchase 20 acres from my uncles in 1965.(10 acres getting from my grand father & 20 acres SELF PURCHASE from Uncle)
Now, My father is expired in 1980 and mother expired in 2000.
We are 2 sisters & 1 brother.(Me, my elder sister & elder brother)
After my mother death, we upload all 3 names at same time (Me, my elder sister & elder brother) on land 7/12 in 2000. My brother is not ready to give share.
Now, as per new SC judgement on Ancestral property NOV - 2015, has women not having equal share in Ancestral property.
My question is :-
1. SC judgement on Ancestral property - 2015 is apply for above condition. (As Name uploaded on 7/12 in 2000, before recent judgment OF SC 2015)
2. How much share, i will gate in above condition.(My father getting 10 acres from grand father & self purchase 20 acres by father)
Thanks in advance for your Important suggestion's....
Advocate Kappil Cchandna
(Expert) 15 December 2015
Mam,
Can you please clarify as to what do u mean by getting the name uploaded.
Warm Regards
Kapil Chandna Advocate
9899011450
Rajendra K Goyal
(Expert) 16 December 2015
daughter has equal share in the self acquired property of father.
For share in 10 acres claimed to be ancestral land, consult local lawyer and find out whether it fulfills the conditions of ancestral land?
V BALA
(Querist) 16 December 2015
Dear Kapil Sir,
the said property on 7/12 in the name of my father, after my mother death, we are updating all 3 person name on 7/12.
V BALA
(Querist) 16 December 2015
thanks Rajendra sir...
I have 1 more query As Name uploaded on 7/12 in 2000, before recent judgment of SC 2015, so it is applicable on same as we are updating name in 2000 before 10 December 2005.
T. Kalaiselvan, Advocate
(Expert) 26 December 2015
The share in the ancestral property depends if you are married before 2005 and the property remains undivided.
Moreover since your father acquired his share of property out of his ancestral property, the ancestral nature extinguishes hence you may become eligible to get a share in the so called ancestral property too along with your father's self acquire intestate properties. Discuss with a knowledgeable advocate in the local and proceed as per his further advise.
V BALA
(Querist) 26 December 2015
thanks T. Kalaiselvan sir....
i got married in 1990 and the property remains undivided. In 2000, after my mother death, we are update all 3 names on 7/12.(Me, my elder sister & elder brother)
My father is expired in 1980 and mother expired in 2000.
request your view please.......
V BALA
(Querist) 22 January 2016
i got married in 1990 and the property remains undivided. In 2000, after my mother death, we are update all 3 names on 7/12.(Me, my elder sister & elder brother)
My father is expired in 1980 and mother expired in 2000.
request your view please.......
