We are 5 in our family. 2 daughters and 3 brothers. My elder daughter got married on 1985. Myself on 1999. We are from erode, tamilnadu. The properties are self acquired by my grandfather and great-grandfather. At present those properties revenue records like patta , chitta, etc reflects my father's name but there is no proof of evidence in encumbrance certificate, that how he got those properties. My father was died intestate on 1997. In tamilnadu hindu succession act has been amended on 1989 and says daughter has equal share in ancestral property. My Question : 1. whether is this an ancestral property, because as related to grandfather we are into third generation. as per law ancestral property is something which shouldn't get divided upto 4 generations! 2. do my elder sister get equal share. (married on 1985) we both have planned to file partition suit against our brother's and mother.
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Property acquires ancestral status on the birth of 4th generation. Here you need to to go on this issue. On your father demise, his property whether self acquired or ancestral, inherited in his children equally. All have 1/6th share each.
Marriage dose not dissolve inheritance right.
1) it is not ancestral property
2) property which has remained undivided for four generations is ancestral property
3) daughters have equal share in property
4) you can file suit for partition for division of property by metes and bounds
Hi
Yes daughters have equal rights
Yes this is an ancestral property.
Thanks
Yes it should be 4 generation old and it should not be a partitioned property. She has right in ancestral property only
1. See after.intestste demise of your father your sisters and you shall have equal share in the properties.
2.Yes she will get share in the property.
3. Yes daughters.can file suit seeking partition of the property.
1. This may not fall into ancestral proeprty category, however the daughters are entitled to an equal share out of their father's share in the property including his self acquired property, hence there is no need to refer to the latest amendment to the Hindu Succession act for claiming the share in the property by the daughter.
2. The daughters are entitled to an equal share out of their father's properties at par with the sons, hence she is also entitled to an equal share in the referred property.
You can very well file a partition suit seeking partition and to allot your legitimate share in the properties by dividing the same with metes and bounds and for separate possession.
You are entitled to a share.
Regards
G.Rajaganapathy
High Court of Madras
Daughter have equal share in Self acquired property.
Said property is not ancestral, , a partition suit is required to be filed before the appropriate court of law.
1. The property is considered as ancestral property if it is still on same name from last three generations which means not transferred to successors by partition.
2. Yes if property is not partitioned and still on name of grandfather or great grand father then she can claim her share from ancestral property.
3. And property is on name of father and he dies intestate even then she can claim her share from property as legal heir of your Father.
1. If property has remained undivided for four generations then it attains the character of ancestral property. However, if the father is alive then son cannot claim property is ancestral in his hands even if it was originally purchased by great grandfather.
2. The share of daughters is at par with that of sons in the ancestral property if the father of daughter is alive on the coming into being of the amendment act.
