• Can married daughter claim equal share in mothers ancestral property

1) Does a 1976 married daughter claim equal share in mothers ancestral property and own if her mother is expired before 2013, and intestate?

2) Does a 1976 married daughter claim equal share in fathers ancestral property and own if her father is expired before 1997, and intestate?

3) Supreme Court sets 2005 cut-off on women right to ancestral property ?

4) these proprieties all are mothers grand fathers own, ( i.e mothers fathers father )mothers grand fathers own (i.e female side mothers mother father)?
Asked 7 years ago in Civil Law

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5 Answers

1) daughters whose fathers died before 2005, not eligible for equal property rights, says Supreme Court

2) For the daughter to be a co-sharer along with her male siblings, her father should have been alive on September 9, 2005.

3) on mother death in 2013 intestate daughter would have share in mother ancestral property

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

on demise of grand father his son inherited the self acquired property of grand father

2) on partition in 1988 son would be absolute owner of his share in property

3) on son demise his son and daughter would have equal share in property

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

1. There is no concept of ancestral or self acquired proeprty of a female.

2. in other words on death of the female her proeprty irrespective of its nature gets equally divided among all her sons and daughters/

3. So you being the married daughter ahs equal right of inheritance along with your brothers and sisters, if any.

4. if your siblings refuses to part with your due share you can file suit for partition to claim your sahre and injunction.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

1. The married daughter of the deceased mother is a legal heir to the deceased mother hence she has a right to claim her share out of her mother's property. Her mother's share of ancestral property shall be her mother's own property in which, if she had died intestate, then her own legal heirs are entitled to a legitimate share as a right.

2. The above answers suits to this too in respect of her deceased father's share in his possession at the time of his intestate death.

3. The supreme court decision is not applicable to the above position of law.

4. The daughter can claim a share in her deceased mother's share of property alone if she has died intestate in the capacity of legal heir to the deceased mother.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

That property is my mothers grand fathers own acquired property (mothers father father) and partitioned in the year of 1988 to his son, son is died in the year of 1997 intestate. Now the question is whether his son daughter will get share from his property along with male sibiling?

They are entitled to a rightful share.

You may consult a local advocate with the relevant papers or documetns and get a personal opinion on this situation.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

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