• Women rights in ancestral property & self owned father property

Dear Concern, 

My father having agri land of 30 acres in DIST. NAGPUR, MAHARASHTRA.

My father having ancestral land of 10 acres and he had purchase 20 acres from my uncles in 1965.(10 acres getting from my grand father & 20 acres SELF PURCHASE from Uncle)

Now, My father is expired in 1980 and mother expired in 2000.

We are 2 sisters & 1 brother.(Me, my elder sister & elder brother)

After my mother death, we upload all 3 names at same time (Me, my elder sister & elder brother) on land 7/12 in 2000. My brother is not ready to give share. 

Now, as per new SC judgement on Ancestral property 2005 has women not having equal share in Ancestral property.

My question is :-

1. SC judgement on Ancestral property - 2005 is apply for above condition. (As Name uploaded on 7/12 in 2000, before new SC 2005 law)
2. How much share, i will gate in above condition.(My father getting 10 acres from grand father & self purchase 20 acres by father)
3. If we go for court partition, how much time required for the same ??

Thanks in advance for your Important suggestion's....
Asked 1 year ago in Property Law from Nagpur, Maharashtra
Religion: Hindu
1) Sc judgement is not applicable to facts of your case 

2) 10 acres of land inherited from grand father . it is not ancestral property as it is self acquired property of grand father 

3)further 20 acres of land has been purchased by your father from uncle 

4) on father demise you have one third share in said land 

5) you can file suit for partition to claim your share of land 

6) suit for partition may take 10 years to be disposed of 
Ajay Sethi
Advocate, Mumbai
32649 Answers
1800 Consultations

5.0 on 5.0

In its recent judgment (4 nov 2015) supreme court has decided that if father died before 20 december 2005 daughter has no right in ancestral propertybecause at the time of her fathers death she was not coparcenor. 

After 20 dec she got right as coparcenor. In your case daughtrt has no right in ancestral property.

Shivendra Pratap Singh
Advocate, Lucknow
4026 Answers
57 Consultations

4.9 on 5.0

Hi, as per the Supreme Court Ruling you will entitled to get share in the self acquired property of your father and you will not get any share in the ancestral property of your father.i.e you can file a suit for partition of your share in the property in respect 20 acres in which you will able to get 1/3rd share in the property.

2. Normally court will take two to three years in dispose of the matter but we can't assure the exact time. 
Pradeep Bharathipura
Advocate, Bangalore
4291 Answers
171 Consultations

4.3 on 5.0

1. The SC judgment is applicable only to ancestral property but the property of your father, when judged in the light of the background of the facts furnished by you, is not ancestral. So the ruling does not apply thereto.

2. On the demise of your father all his heirs i.e his widow and children succeeded equally to his property. Any one of his heirs can file a lawsuit for partition to cull out his/her share.

3. Nobody can tell how long it will take in the court, but it should tentatively take around 2 years.
Ashish Davessar
Advocate, Jaipur
20474 Answers
542 Consultations

5.0 on 5.0

1. SC judgement on Ancestral property - 2005 is apply for above condition. (As Name uploaded on 7/12 in 2000, before new SC 2005 law)
No doubt this property is not coming under the category of ancestral property, as a legal heir of your father you are entitled to an equal share in the intestate properties to that of your brother and sister.


2. How much share, i will gate in above condition.(My father getting 10 acres from grand father & self purchase 20 acres by father)
Altogether you will be entitled to 1/3 rd share in the entire intestate properties.


3. If we go for court partition, how much time required for the same ??
If your brother is not agreeing to give a share in the property nor he is agreeing for mutual partition, you have to approach court for partition and separate possession of your 1/3rd share in the property. The Court proceedings may take 3 to 5 years.

T Kalaiselvan
Advocate, Vellore
22786 Answers
225 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a Lawyer