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nataraj (employee)     05 May 2013

Right of daughters in property

dear sirs,

My grand father had 3 sons and 5 daughters.My grand father  and grandmother died in 1994.

My grandfather had 12 acres of land. All sons and daughter were married before 1983.

Now those 5 daughter went to court for patition of land for equal share.

Now my questions are:

1.  Whether they will get equal share who married before 1983.

2. What the law says about this partition.

3. What is the best way to divide the land.

Kindly advice me on this.

regards

nataraj



Learning

 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     05 May 2013

From the given information if it was the self acquired property of your grandfather then, as the daughters of your grandfather are his class I heirs, they have every right to claim equal share along with their brothers. The year of marriage is irrelevant.

Ajit Singh Cheema (practising Advocate)     05 May 2013

1) yes , the daughters will get equal share.

2) you may refer to the Partition Act

3) family settlement out of court may be the best solution.

Advocate Ravinder (Advocate/Attorney)     06 May 2013

yes i agree with archana.

nataraj (employee)     08 May 2013

dear mam,

Thank you very much for your advice,

If the land is not self acquired by my grand father.

Then how then the land will be shared among sons and daughters.

regards

nataraj.


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