(Guest)

Ancestral property right of girl child( Single child)

One man having 03 sons (no daughter) . Eldest son having one son and one daughter, Younger son having one daughter ( single child), Youngest (late) left behind wife (widow) and one daughter.

Now grandfather of these children says that I will give my all property (agriculture land and house at native village, one in meerut ) to my only grandson because grand daughters being single child will carry it to her in-laws after their marriage.

So grand father is planning to transfer ( registry/ sale deed) all of his property to grand son’s name so that his sons and widow daughter in law will not get property after his death , thus grand daughters will not have any right on Ancestral property .

Please advise how to protect the Ancestral property right of girl child( Single child)

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5 Replies

Nitin Awachar (lawyer) 02 June 2011

Whether the property is self acquired property of the Grandfather?

If yes he has right to transfer the property to any member of the family or also to non member.

If no and the property is ancestral the property will be divided as per law governing ancestral property.

Whether the family is Hindu Undivided family or a Hindu Family?

If yes Partition as per Hindu Law is to be made.

sharad raghav - 9990549475 (lawyer) 02 June 2011

agreed with nitin ji......

suguna prasad kalvala (advocate) 02 June 2011

hello even if the property is self aquired it becomes ansistral property to his grand daughter though the sons have no right grand daughter has right over the property u better consult eminant civil ADVOCATE suguna prasad kalvala 9949995476

Ravikant Soni (LAWYER IN JAIPUR) 02 June 2011

he is selling by sale deed or by other instument/??

(Guest)

It is case of Hindu Family. Grandfather expressed his intention ( to all family members i.e. 02 sons and three daughter in laws including the widow daughter in law) to transfer the property to the only Grandson. The modalities of property transfer has not been disclosed by him.

My logic is that the grandfather's property automatically becomes ancestoral property for the grandchildren (male or female).

Please advise. Can we approach the Hon'ble Court to save the Girl Single Child rights under the " Save the Girl Child, Protect the Girl Child" Government and Civil Society movement for the safeguard of Girl Child.

Please advise .

Regards