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Vasudev (Engineer)     06 April 2022

Right of married daughters in ancestral property of father in maharashtra

Ours is purely ancestral undivided property in sindhudurg maharashtra

Current land document ie 7/12 has names of all of us together (C,D,G,H, I,J,K,L,M,N,O) and total property value mentioned.

consider my example clearly.

A is my grandfather who died in 1995 leaving behind 3 son and 4 daughters;  B,C,D are sons say and E,F,G,H are 4 daughters. B is expired leaving behind 2 sons and 1 daughter namely I,J,K respectively.

i am  J. E and F are expired leaving behind 2 children each, say L,M,N,O respectively.

E,F,G,H were married before 1994 (maharashtra relinquishment act to HSA 1956).

Now we want to sell our one plot. in 7/12, names of all are mentioned and total 10 acre land is mentioned.

how would share division take place and how much share will J ,G,H, L,M,N,O, will get?



Learning

 3 Replies

Palak batra   06 April 2022

Dear Querist,

 

According to the Hindu succession act, 1956 if the land is ancestral in nature then it will be divided equally among all the legal heirs. 

 

In this situation where the class1 heirs are already deceased then their children will get their share in the property equally. Also there would be no discrimination whether the heir is a male or a female. 

 

Regards,

Palak

SHIRISH PAWAR, 7738990900 (Advocate)     06 April 2022

Hello,

 

The property of A will be divided between B, C, D, E, F, G, H equally. If any of the legal heirs died his/her share will go to their respective heir. 

Manali Bhalerao (Practicing Advocate)     07 May 2022

Dear Client,

The ancestral property gets divided among all the legal heirs through the Legal Heirship Certificate.

You can apply for a legal heirship certificate through an advocate from the same.

Adv.Manali


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