• Can my daughter is claiming right to ancestral property

The agriculture land in question was inherited from my grandfather by his two sons living as HUF. In 1985 the two brothers divided the property thro' a registered partition deed. In 2008, my father has bequeathed his property to me thro' a registered will. Now, my daughter under pressure from her husband and in-laws has filed a civil suite against me claiming her share of the "ancestral" property. I'm yet to file a reply. Please suggest how to counter her in my reply.
Asked 1 year ago in Property Law
Religion: Hindu

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9 Answers

After amendment of HSA in 2005 daughters are entitled to claim share in ancestral  properties. But there is cut off date for that depending on marriage of daughter, such date differs from State to State. If the date of marriage is known, correct opinion can be given.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

The property has been bequeathed through registered WILL, so now this is self earned property and your daughter does not have any rights in it. 

 

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Take the defence that it is not ancestral property 

 

once division has taken place it ceases  to be ancestral property 

 

father was at liberty to transfer property to you by gift deed 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

 

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

She is not within cutoff date. She cannot claim any share in the property. 

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

The property that your father inherited through a partition deed along with his brother becomes his self acquired proeprty.

In that case the said property which was bequeathed to you by your father shall be acquired by you after his lifetime by enforcing the Will and this property you acquired by enforcing the Will shall be treated as your self acquired property.

If it was not an ancestral property in the hands of your father then it cannot be considered as an ancestral property in you hands too.

Therefore your daughter's claim for a share in the property on the basis of ancestral property is invalid and not maintainable.

If you properly challenge with the help of a prudent and experienced lawyer, you can get  this case case easily dismissed on the basis of the documentary evidences held in your support. .

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

Whether she is an Indian citizen or a citizen of foreign country, the law applicable  in this regard will be the Indian law of succession/inheritance.

Thus as per Indian succession act, she is not entitled to any share out of this property in the name of share over ancestral property. 

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

If it's already partitioned through a registered partition deed and if the same is not an ancestral property at time of the birth of the daughter seeking share being legal heir then she can't claim any share later with help of any amendment in the law

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

Dear client I am sorry to hear that but in this case your daughter can always silent application for share in ancestral property

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

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