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Anonymous123 (Test)     03 May 2012

Daughters share in ancestral property

Father wants to sell his ancestral property in Maharastra. The property is around 60 years old.  He has 2 sons and 2 daughters.

Daughters were married in 1980's. Can daughters claim their share in this property?

As i understand they cannot as they are married before 2005. Let me know if  thats the case.



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     03 May 2012

Daughters married or not have a birth right in such ancestral property. They can set aside any alienation made by the father (as a Karta if it's not for legal necessity of benefit of estate) and seek partition. 

Anonymous123 (Test)     03 May 2012

Thanks for your response, Adv. Bharat. Can father make a decision about the distribution of share of his ancestral properties amongst his sons & daughters. Or by law they all deserve equal share?

Father is proposing to buy property for himself & one of his unmarried sons from the money received through this sale and remainder money will be divided equally.


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