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Deepak sharma (software professional)     06 September 2016

Ancestral property?

I am minor and my great grandfather bought a property? And its undevided till yet. Does it qualify the tag ancestral property? If yes then according to the latest rulling of supreame court that the daughter don't have right in the ancestral property if their father died before 2005, actaully my great grandfather died in the year 1995. In this condition the bua's of my father doesn't have any right, isn't? Please help


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 14 Replies

Prakash   06 September 2016

Please sent that ruling of supreme court

Deepak sharma (software professional)     06 September 2016

https://indianexpress.com/article/india/india-news-india/supreme-court-sets-2005-cut-off-on-women-right-to-ancestral-property/

Deepak sharma (software professional)     06 September 2016

Any news respected lawyers

Kumar Doab (FIN)     06 September 2016

Your bua's father is your grandfather!

Deepak sharma (software professional)     07 September 2016

My father buas's father is my great grandfather.

 

 

Deepak sharma (software professional)     07 September 2016

1. Here I am->Father->Father bua's->Father (He is my great grand father)

 

 

Kumar Doab (FIN)     07 September 2016

The judgment is clear, on ancestral property.

Go thru it.

You are asking about right of daughter in father's property i.e; Father's  Bua.

The succession opens on date of death.

So first assess daughter's right on date on death.

Then assess if property is ancestral and undevided (for Father's  Bua).

If it is self earned/acquired by father of daughter (i.e father of Father's  Bua) thn daughter has right in it.

 

.

 

Deepak sharma (software professional)     07 September 2016

The judgment is clear, on ancestral property.

Go thru it.

You are asking about right of daughter in father's property i.e; Father's  Bua.

The succession opens on date of death. 

Ans) In the year 1995 my great grandfather died and at that point of time there was no such law of daughter right over father property. It came in the year 2005 onwards.

So first assess daughter's right on date on death.

Ans) No at the time of death there was no such right at that time.


Then assess if property is ancestral and undevided (for Father's  Bua).

Ans) For ancestral I don't know whether it qualify it.

Ans) Yes It was undevided at that time and still its undivided today as well.

If it is self earned/acquired by father of daughter (i.e father of Father's  Bua) thn daughter has right in it.

Ans) Yes it is self earned/acquired by father of daughter


I have answered them, please guide 

Thanks,

Gaurav R Chunara (Owner)     07 September 2016

I have case in concern with on the judgement (16/10/2015) given by Hon`ble apex court  by Hon`ble Justice Anil R Dave on Civil application  No.7217 of 2013 in the matter of Prakash v/s phulawati.

I want to know in the similar situation for my case

1. If there is a male  coparcener in place of PHULAWATI.

2. There was a Female  coparcener (died on 30.04.1975) in place of phulawati`s father(died in 1988 )

3. There is male in place of phulawati`s  Grandmother.

It means that No.1 is son (alive) and No.2 is Mother (died in 1975) and no.3 is Grandfather (demised)

If this position with what would be the final judgement ?

                > Can the Son have Right or Claim for the Agricultural  Land ?

I attached the Judgement of the Apex Court.

 


Attached File : 20160907205749 901188308 supreme court judgment.pdf downloaded: 200 times

Kumar Doab (FIN)     07 September 2016

@ Deepak,

 

If proeprty is not partitioned and father and daughter are alive as on date narrtaed in judgment then  daughter has a share.

 

Rest discuss with a very able counsel specialzing in revenue,property, civil matters.

Kumar Doab (FIN)     07 September 2016

The issue was not with sons but daughters that was decided by apex court.

 

The sons have share in agriculture land as per personal law that applies to deceased owner.

 

p k srinivasan (own)     09 September 2016

we recently sold our ancestral and self earned property (house) and 9legal heirs

signed the registration deed to builder and stated that one of the eldest legal

heir took release deed in the year 1995(regd) Will their son/daughters can claim

share now. will the daughter of my brother has right to claim for equal right stating the

amount given very meagre whereas present value are more when sold just now?

Is the release deed given early should mention all legal heirs name?

p k srinivasan

Kumar Doab (FIN)     09 September 2016

@ P K Srinivasan,

It is felt that:

In ancestarl property eldest legal heir could have released his/her share.

Consent of (his) LR's was not obtained.

LR's have share.

Share is from property or actual proceeds collected by others (you and others)  by their explicit consent.

 

Kumar Doab (FIN)     10 September 2016

@ Deepak,

 

Property from mother's side is not ancestral.

Succession opens on date of death.

Agriculture is a state subject.

Rest discuss with a very able counsel specialzing in revenue,property, civil matters, and well versed with local laws.


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