Senthil (Engineer) 30 November 2009

Ancester property Shares

IM having doubt on rights for women on their ancester properties. and the law abt the share of women born before 1960.

We neeed to divide / share property amoung the following persons.

1. elder brother - he is no more and his son aged 28 claims his fathers rights

2. Sister

3. Younger brother.

all were born before 1955.

1. does the sister has equal rights on the properties as those brothers have ??.

2.does the son of the elder brother have equal rights as his father has??

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2 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 30 November 2009

So far as the period of birth is concerned, it hardly matters in the present set of facts.

You have not given the details of the properties and its nature whichare to be divided among your family members. If those are ancestral then question arises when those are going to be partitioned and similarly the way of distribution shall be different if the properties are self acquired of yoru father and it shall also be seen whether your mother is alive or dead and when did she expire.

It shall be better if you come with all the relevant facts and raise fresh quarry or make PM to me.

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Senthil (Engineer) 01 December 2009

Hi Raj kumar,

thanks for your reply,

Actually im elder brother's son my father expired by 1994. mom still alive. as my grand father expired few weeks bfre. grand mother still alive

those properties are not owend by my grand father and not by my father.

Properties consists of agriculture land of 2 acres and a house land of 5000 SQ.ft approx.

Now im intrested to hear abt the rights for my aunt on those properties.

and what does our law says, abt her rights on these properties.