• Ancestral property

Hello Sir,

We have an ancestral property in Gurgaon , we are two brother and 4 sisters, my father expire in 1992. as per SC guideline now sisters also have equal share in property. 
request you to guide us in our case is there and share of property we have to give to my sister, as my father expired in 1992 and as per SC rule in ancestral property if father expire before 2005 in that case there is no share for sisters.
Asked 8 years ago in Property Law
Religion: Hindu

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3 Answers

1. If this is the ancestral proeprty of your father then your sisters do not have any share since your father had expired in 1992 i.e before 2005 when the new amendment in Hindu Succession Act came into force.

2. However of the proeprty is his self acquired proeprty then they have equal share in it along wit their brothers.

So act accordingly.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

if father had died before 2005 daughter would not have any share in ancestral property

2) your 4 sisters cannot claim share in ancestral property

Ajay Sethi
Advocate, Mumbai
99985 Answers
8162 Consultations

How do you it is ancestral property.

If it was your grandfather's property then it cannot be termed as ancestral property.

Your sisters have an equal share in your father's property.

If your father inherited the property from his father then it becomes your father's own and absolute property.

Thus your sisters are entitled to an equal share at par with their brothers in their father's properties if he is reported to have died intestate.

The latest amendment will not be applicable to this situation.

T Kalaiselvan
Advocate, Vellore
90187 Answers
2506 Consultations

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