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ssssssssssssss (LE)     30 April 2012

Son's right in mother's ancestoral property

Hi,

1. My husband's Ancestoral property is in his name. IF he sell the property, can his sister claim for her share after the property is sold?

2. When the property is sold, will the guideline value considered or the market value?

3. Is my husband eligible to get share in his mother's ancestoral property which is in his grandfather's name (mother's father)?

4.Is my minor daughter eligible to get share in her grandfather (my husband's father) and grandmother (my husband's mother) property or only my husband's share will go to her. please calrify.

Thanks

 



Learning

 1 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     30 April 2012

 

Dear Querist, 


1. If the property is ancestral, though held in your Husband's Name, his sister(s) have a equal right as coparcenors, they can seek setting aside of sale or gift in case your husband succeeds in selling without their concurrence. They can also seek a partition. 

 

2. Market Value. 

 

3. The Answer is NO, Women are not sources of coparcenory, in simpler terms, your husband's mother is a coparcenor and entitled to equal share with her brothers in ancestral property. But her children do not acquire a birth right in that property for the simple reason they are not part of their mother's coparcenory, their right would accrue on mother's demise only. 

 

4.In Hindu Law - a child is born with property (Not just a silver spoon as an adage says!) your daughter is entitled in equal measure with your husband, and can get her share culled out whenever she wants through a Next Friend (which may be you)

 

Hope I've been of some help. 


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