• Can female member demand division of ancestral property

Hello, my mother has 4 brothers. They have an ancestor property. My mother is asking for her share. Her brothers are denying/delaying it as it seems that if the property is not divided, after my mother's death, there is no obligation to give my mother's share to me. 

So, would like to know if my mother can legally demand for dividing the property so that she gets her share?
Asked 11 days ago in Property Law
Religion: Hindu

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7 Answers

Your mother can file suit for Partition for division of property by metes and bounds 

 

seek an injunction restraining sale of property by her siblings 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

Daughter has every right to claim in ancestral property with sons after amendment  to Hindu Succession Act in 2005. Issue lawyer’s notice  uncles on behalf of mother seeking partition  and separate possession of property. She will get equal share with her brothers. After that file a suit in district Court for partition and separate possession. You will get your share. Any son or daughter of mother file suit and get share in the property.

Ravi Shinde
Advocate, Hyderabad
1441 Answers
16 Consultations

5.0 on 5.0

1. Your mother is entitled to equal share on par with her brothers in the ancestral property.

2.  If her brothers' are denying/delaying her rightful equal share, let her send a legal notice to her brothers for partitioning of her share by metes and bounds.

3.  Assuming that if the mother is no more, still her children ( sons & daughters ) are entitled to her share in the property.

4.  A female member is entitled to equal share on par with her brothers as per the Amendment to the Hindu Succession Act, 1956 in 2005.  

5.  A daughter, whether married or not will be treated as Coparcener since birth as in the case of a son.

 

Shashidhar S. Sastry
Advocate, Bangalore
3770 Answers
225 Consultations

5.0 on 5.0

Dear Client,

Your mother can legally demand diving the property and get a share as she has rights in the ancestor property.

Thank you.

Anik Miu
Advocate, Bangalore
2499 Answers
26 Consultations

4.9 on 5.0

- Legally , your mother has her right to claim an equal share in the ancestral property like her brother , and none can snatch her share.

- If her brother is not giving her share then she should send a legal notice to them for dividing the property by metes and bonds. 

- If no response, then she should file a Partition & Injunction suit before the court for getting her share and to restrained them from selling any part of the property . 

Mohammed Shahzad
Advocate, Delhi
7982 Answers
85 Consultations

5.0 on 5.0

If the property remains undivided after your grandfather's intestate death,  your mother being  one of the legal heirs/successors in interest,  is entitled for a share out of the property as a right. 

She do not have to beg her siblings for her legitimate share in the property. 

She can file a suit for partition and separate possession of her share in the property. 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

Yes she can demand partition

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

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