• Married daughter's right in father's ancestral property

My mother married in the year 1952. Her father died in 1977 leaving Ancestral land in Gujarat and Maharashtra. Step Brother and step mother transferred all properties on declaring them as heirs of deceased father but not showing my mother as Class I heir of father. My mother filed suits in 2012 to claim right on fathers Ancestral Properties. Is it legal after recent SC verdict of 2/11/2015.

Amendment in Hindu Succession Act is required for this SC verdict to be effective  ?
Asked 1 year ago in Property Law from Surat, Gujarat
Religion: Hindu
As a legal heir to her father she has right to claim her share in his intestate property. 
 This claim has no relevance to the latest supreme court judgement or the amendment came into force in 2005.  She is claiming her right to a share in her father's intestate property which she is very much eligible as a legal heir and one of the successors to his properties.
 The case filed by her is very much maintainable.
T Kalaiselvan
Advocate, Vellore
16311 Answers
152 Consultations
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1) what basis you say property is ancestral ? 

2) if it is ancestral property your mother would not have any share as her father died prior to 2005 
Ajay Sethi
Advocate, Mumbai
25948 Answers
1414 Consultations
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1. On what basis do you say the land is ancestral? If the land was originally purchased by your father or inherited by him from his father then it is not ancestral. As a corollary thereto, the transfer of properties by your mother's step mother and step brother is illegal. The share of your mother is equal to the share of her step mother and brother. 

2. The SC ruling does not apply if the property was not ancestral. Furthermore, the SC ruling applies prospectively and not retrospectively.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
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1. Well, since her father died before the 2005 amendments came into force your mother has no share in the ancestral property of her father.
2. In the background of the recent supreme court decision I find no merit in the case filed by your mother.
Devajyoti Barman
Advocate, Kolkata
6413 Answers
71 Consultations
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Your mother can claim her right to a share in her father's intestate property .Check whether the property is ancestral or not ? If it is ancestral her claim do not stand .

What is ancestral property ?
 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, unlike other forms of inheritance, where inheritance opens only on the death of the owner. The rights in ancestral property are determined per stripes and not per capita. This means that the share of each generation is first determined and the successive generations in turn sub divide what has been inherited by their respective predecessor.

 What is not ancestral property ? 
Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. Property inherited by will and gift are not ancestral properties. Self acquired property on the other hand can become ancestral property only if it is thrown into the pool of ancestral properties and enjoyed in common. This is a matter to be determined on the facts and circumstances of the case.
Ajay N S
Advocate, Ernakulam
1986 Answers
23 Consultations
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1. In this case you are claiming your deceased father's property,

2. Here your mother has claimed her share of her deceased husband's property,

3. Her claim is very valid and it has nothing to do with the recent Supreme Court Judgement which stated that daughters have no right on their fathers' property who died before 2005.
Krishna Kishore Ganguly
Advocate, Kolkata
13142 Answers
280 Consultations
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Hi, as per the latest Supreme Court judgement your mother can't claim share in the properties.

2. As per Supreme Court judgement daughter will entitle for ancestral property only when there is no partition taken place before 09-09-2005 and father has to alive on or before 2005 then only daughter can claim partition of the property.
Pradeep Bharathipura
Advocate, Bangalore
4184 Answers
148 Consultations
4.3 on 5.0

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