• Women right to ancestral property

I would like to inform you that my father was died on 1976. We  have one brother& two sisters.( one unmarried sister was died on 2008)& other sister is married. This property till now no partition & it is now I, with  my family resides  from the begining. My question is what way I could take the property after  new  ancstral property judgement by supreme court(4.11.2015).Thank you.

Pintu
Asked 1 year ago in Property Law from Burdwan, West Bengal
Religion: Hindu
1) it is self acquired property of your father 

2) on demise of your father you and your sister have equal share in said property . 

3) the judgement of SC is applicable to ancestral properties only . in said judgement SC has held that both father and daughter should be alive in 2005 so that daughter can claim right in ancestral property 
Ajay Sethi
Advocate, Mumbai
26123 Answers
1420 Consultations
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1) on your grand father demise your father inherited the property . it would not be ancestral property 

2) Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. The right to a share in such a property accrues by birth itself,
Ajay Sethi
Advocate, Mumbai
26123 Answers
1420 Consultations
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1. In West Bengal the rule of Dayabhaga law of Inheritance applies.
2. By this law of inheritance the women irrespective of date of death of father inherits the property if their father dies intestate
3. So in your cases whatever be the nature of property of your father , on his death without any Will your sister inherits your father's property along with other siblings and mother in equal share. 
4. The mutation of the property in your own name can not dis-entitle your sister in her share in the property.
Devajyoti Barman
Advocate, Kolkata
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72 Consultations
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The SC judgment does not apply to your case as the property which your father inherited from his father is not ancestral property. All the children of your father have an equal share in the property which they may cull out through partition.
Ashish Davessar
Advocate, Jaipur
19201 Answers
484 Consultations
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ancestral property cannot be devolve to daughters if father died before December 2005, because daughter not treated as a coparcener so she cannot claim her right in the property. Legal heirs get ancestral property through inheritance immediately after death of father. supreme court judgment shall prevail unless it is amended or overruled by the court or legislature.  
Shivendra Pratap Singh
Advocate, Lucknow
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45 Consultations
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The property belonging to your grandfather was inherited by your father (either by partition or settlement), hereby the property became your father's absolute property.  Upon the intestate death of your father, all his successors/legal heirs shall be entitled to an equal share in the property.  This property is not ancestral property hence the latest ruling of Supreme court shall be applicable to your case.   
T Kalaiselvan
Advocate, Vellore
16510 Answers
153 Consultations
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Now out of the survivors, it appears there are three of them now in your family to succeed to the estates of your father, i.e., you, your brother and one sister (the share of unmarried sister shall automatically devolve on her surviving legal heirs, i.e., you three), shall be entitled to 1/3rd share equally out of your father's intestate property. 
You three can mutually agree for family partition and can get your share allocated as per your mutual agreement, draw a partition deed, get it registered and on the basis of the registered partition deed document you can apply for mutation of revenue records separately on individual's name with the revenue department of your property's jurisdiction. 
T Kalaiselvan
Advocate, Vellore
16510 Answers
153 Consultations
5.0 on 5.0

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