Rights on ancestral property

Hi

Thank you for your question

As you have said that the 1 acre property was ancestral ,First question arise (is thier any will or her grand father died intestate) see if the property her father received as separate one  then you cannot claim on that.

Answer to the following questions of yours:-

1.Nothing she will get until her family comes under Joint Hindu family, then she can only claim under The Hindu Succession (Amendment) Act,2005 Where daughter of a cooparcener shall by birth become a coparcener in her own right in the same manner as the Son.

2.No, the property earned by her father is his separate one, Daughter has no right on that ,its upto The Father who will give to her daugter or Alienate the property.

Hope this will help you 

Best regards,

Akshay Gupta

Sir

Thank you for taking time to respond.

That 1 acre land was part of 3 acres which was divided among three brothers of which my uncle is the youngest. And this partition was done in 2017 while their father died about 20 years ago without writing any Will.

I did not get your answer for point 1. Can you please clarify why dosent my wife & her mother come under Joint hindu Family. My uncle and Aunty were seperated about 25 years ago whithout any legal divorce.

We were (Rupa & me) married in 2015.

Thanks

1. the property, after the demise of the father, shall devolve among the legal heirs in equal share which include your wife, her stepbrothers, widow.

2. legally your wife cannot make any claim on the property which is registered on the name of the second wife, but, she can file a suit for the partition stating the same has been bought using the ancestral money.

hope u understand

There are several things to be looked into when daughter's claim right in the ancestral property being enjoyed by others in their names since long, and only a local advocate can verify such documents and can advise as to whether there can be a legally valid claim at this point of time or not.

Rupa is entitled for her share in her ancestral property, she should seek partition.

Second marriage of Venkat and Ramana during the lifetime of Manga is illegal and invalid (presumably they profess Hinduism) during subsistance of marriage between Ramana and Venkat.

It is better to consult a local prudent lawyer for appreciation of facts/documents, professional guidance and necessary proceeding.

Thank you all for taking time & replying.

Best Regards

Kiran