• Does divorced daughter have right on ancestral property

(1) Do the divorced daughter has right on the ancestral property.
(2) do the cousins who have left the ancestral home are still entitled to the ancestral property.
Asked 5 years ago in Property Law
Religion: Hindu

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12 Answers

1. Yes daughter has right if it is ancestral property.

2. Yes they have right on the ancestral property.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Client,

1. Divorced daughter has right in the ancestral property.

2. Cousins who have left the ancestral home are still entitled to the ancestral property if they have not relinquished their ownership rights.

 

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

1. The daughter has equal rights over the ancestral property of her father provided her father has died after 2005. This right has nothing to do with marital status of the daughter.

2. cousins have no share in the property of your father if there is class- II heir.

Devajyoti Barman
Advocate, Kolkata
22816 Answers
488 Consultations

5.0 on 5.0

The answer to both of your questions is YES.

Regards

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

divorce daughter have rights over ancestral Property and make a claim accordingly. 


The claim on an ancestral property comes through the act of birth. your cousin Have A Right In ancestral property even if he/she  left ancestral home. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Yes she will have right just like her brothers. Yes cousin too if they are legal heirs

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

divorced daughter has rights on ancestral property 

 

cousins who left home are entitled to share in ancestral property 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

After 2005 amendment in Hindu Succession act, Daughter whether married unmarried or divorced  acquires the right to ancestral property as coparcener by birth. Her maritial status does not affect her such right in any way. 

It is also not necessary to stay at the ancestral home to become a coparcener. One acquires such right by birth only. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Yes, whether divorce or not.

Left in what manner ? Well they can claim their share.

Yogendra Singh Rajawat
Advocate, Jaipur
22632 Answers
31 Consultations

4.4 on 5.0

  1. yes a daughter whether married or divorced have equal right over ancestral property.
  2. yes every legal heir of ancestral property is entitled to get the share from ancestral property whether they are living on it or not.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

1.  If the daughter was married before the year 2005 or if her father died before 2005 then she may not be entitled to any share in the ancestral property as a right, this is applicable to the divorced or widowed daughter.

 

2.  If they are entitled then they can claim.

 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you wish have the clarity on the law for rights of daughter in the ancestral property.
  2. Let me tell you that it is immaterial as to whether the daughter is married or un married or divorced.
  3. What matter is that the status of the property.
  4. If the property had not been divided before 2005 then after the said amendment of 2005, daughters will have right in the property.
  5. And in your query, it seems that the same has not been divided yet.
  6. And yes, till the time cousins do not release or gift their share to some one else, they do have right in the ancestral property.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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