It is not ancestral property but self acquired property of uncle inherited by you
even married sister has equal share in property and can file suit for partition for division of property by metes and bounds
Married daughters claim on ancestral property, name not on sat bara
Land was purchased by uncle 1976, its uncles property which has been inherited. my father died in 2001. So property was inherited to us 8 brothers, Since uncle didn’t have any kids . Sister were married then so they didn’t have claim as per law then Sat bara also has name of 8 brothers only . Now in 2022 sisters who are married claiming their right on ancestral property , do they have right ? Considering it’s ancestral property and amendment law came in effect in 2005?? Their names are not on sat bara What steps to be taken if they are trying to put their names on property now ?
Asked 4 years ago in Property Law
Religion: Hindu
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8 Answers
1. If the property inherited by 8 brothers is through a registered document, then the claim of sisters now for equal share in the ancestral property in view of the Amendment to the Hindu Succession Act, 1956 in 2005 is not legally valid.
2. However if the ancestral property remains intact without registered partition and if the daughter was alive as on [deleted] (Ninth September Two Thousand Five), then the sisters will have equal right over the property alongwith with other legal heirs.
3. If there were to be a registered document breaking the chain of Ancestral Property, then you can defend your action of not parting the property.
As per limitations act they don't have rights to claim property in the court.
Plus this is not ancestral property.
This is not ancestral property.
However if the property was inherited and partitioned among class II Male legal heirs alone leaving behind the female legal heirs then the female class II legal heirs can file a suit for partition and separate possession of their share in the property.
Yes if it's an ancestral property all have rights may be women or men
In a recent case, the Hon'ble Supreme Court has held that women had right to claim in an ancestral property even according to the original Hindu Succession Act, 1956, and that the Amendment merely clarified the legal position. In your case, your aunts may very well succeed.
- Since this property came to your father from the uncle , then it will considered as self acquired property of your father.
- Further, if father has died without leaving a WILL , then it will devolved upon all the legal heirs i.e. brothers and sisters equally.
- Hence, your sister having her right to claim her share in the property.
- Further, if the said property was given to brothers by the father before his death , then sister will have ho right to claim.
Dear Client,
Factors like marital status, birth before 2005 and death of father before 2005 does not prohibit a daughter from claiming right over ancestral property as she is legally considered a coparcenar.Relevant provisions of Hindu Succession (Amendment) Act 2005 will be applicable.
Thanks & Regards
