• Share of daughters in ancestral property according to amendment of 2005

I belong to an Hindu family. We have ancestral property in Mumbai. We have a house on 786.5 sq. mtr. Plot. My Grand father's name is there on the Property Card. My Grand father expired in 1993.

This is pure ancestral property and not self acquired even by my Great grandfather. 

My Great grandfather was alone without any siblings. Also my Grandfather was alone without any sibling. My grandfather has 5 daughters and one son (my father).My father expired in 2012.My father has 4 daughters and one son (myself). 

I want to know whether my auntys can claim sharein this property on the basis of the amendment of 2005. Also want to know about the share of my sisters. My three auntys are already expired. Their siblings are claiming share in property. So please advise.
Asked 4 years ago in Property Law
Religion: Hindu

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16 Answers

Aunts will ha e no share in ancestral property If father died before 2005

2) in your case as grandfather died in 1993 . Hence your aunts have no share in ancestral property

3) your sisters have share in ancestral property

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

See if the property is ancestral and your grand father demised in 1993 in that case they have no share as the partition open in 1993 before the amendment.

https://www.livelaw.in/law-on-equal-right-for-daughters-over-property-is-prospective-sc/

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Even though you state that this is an ancestral property, if they have partitioned the property then it will not come under the ancestral category.

Hence your paternal aunties are entitled to their legitimate share in the property at par with your father.

The amendment in the year 2005 has nothing to do with their rights.

Their respective legal heirs can claim their share out of their mother's share in the property.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Hello,

When did your auntys expired?

yes your sisters will have a claim in the property and you will get 1/5th share of the property that belongs to your father.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Your aunties will not get any share.

You, your sisters and brother will get equal share in property means the property will be divided in 5 parts and all will get 1/5th share in property.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

1. grandfather was not living on 9.9.05, so the aunts have no share in ancestral property

2. father who was a coparcenor in ancestral was alive on 9.9.05, so the sisters will have equal share in the property like sons

3. as grandfather's daughters cannot claim, therefore their children also cannot claim

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

Dear Client,

Were all aunties got married before death of grand father, if yes than they have no claim.

and sisters have 1/5th share each in property and if mother is alive than 1/6th each.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. In whose name the title of the property stands in the office of the Registrar?

2. If it stands in the name of your Grandfather,who has demised intestate, then it is not your ancestral property which is defined differently.

3. The said property of your grandfather will be equally shared by all his children and in case of demise of any of his daughter, the proportionate share of the said deceased daughter will be equally shared by all her legal heirs.

4. The amendment passed in the year 2005 is not applicable in the instant case.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

The rights of heirs in ancestral property are determined "per stripes" and not "per capita". This essentially means that the share of each generation is first determined and the successive generations in turn subdivide what has been inherited by their respective predecessor.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

without consent of all legal heir builder can not agree.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

builder can deal directly with you

no need to involve your aunts

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

builder will deal with coparcenors or those entitled to undivided interest in the ancestral property

builder would obviously want the NOCs of the aunts too so that there is no complication in future

however he can also proceed without them as they clearly dont have any right in the ancestral property

but there is a possibility that your aunts can file a partition suit to claim their shares and also apply for stay

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

What builder can do is to to construct the building as per joint venture of agreement;

When it comes for selling his share in the proeprty then the builder will be stuck hence he would exercise abundant caution by roping in the legal heirs of your aunts as parties to the joint venture or development agreement.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

1. The said property is owned by all the legal heirs of your grandfather including your Aunts.

2. Any agreement for dealing with the said property by the builder or any body shall have to be executed with all the legal heirs of the said property.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

All the legal heirs are required to be consulted

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Yes the builder can directly make an Joint developer agreement with you without consent of the Aunts,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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