• Property rights

My father died before 2005. They were 3 brothers and my grandfather divided the property between them. I am married now and constructed 2nd floor on my own. There is no will left by my father. Can my brother file a case after the new supreme Court ruling or I have equal rights since ancestor property was divided and there is no will left by my father.
Please advise.
Asked 6 months ago in Property Law from Kolkata, West Bengal
Religion: Hindu
on your father demise intestate his share in property would devolve on his legal heirs ie your mother and the children equally 
Ajay Sethi
Advocate, Mumbai
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1) the SC judgment is applicable only to ancestral properties 

2) it was grand father self acquired property and he divided it equally among his 3 children 

3) once partition has taken place it ceases to be ancestral property 

4) you have equal share in the properties 
Ajay Sethi
Advocate, Mumbai
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1212 Consultations
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The SC ruling applies to only ancestral properties whereas your property is not ancestral if the division was made between your father and his brothers. The share that every brother got on partition constituted his separate property which is at par with self acquired property. On the intestate demise of your father all his heirs i.e mother, widow and children succeeded equally to his share. The share of daughters is at par with the share of sons.
Ashish Davessar
Advocate, Jaipur
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First of all once the property was properly partitioned by your grandfather, the property loses its ancestral identity and it becomes your father's own and absolute property.  Since your father died intestate, the same shall devolve equally on all his legal heirs which includes you also.  If you have constructed a house in the second floor then it becomes your responsibility to amicably partition your father's share of the said intestate property among you siblings.
Supreme court ruling has nothing to do with this because you too have an equal right in the property hence to avoid any litigation in this regard, you all can sit, talk and settle the issues amicably among yourselves.
T Kalaiselvan
Advocate, Vellore
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Does this mean that married woman has equal rights even after recent supreme Court ruling since my grandfather property was divided equally amongst three brothers including my father. I am married woman lives in my parents home since 2014 and constructed 2nd floor on my own. Please advise.

Your understanding is absolutely right.
The supreme court ruling is not applicable to this case.
Since your father's share in the property is his absolute and own property, you being a legal heir/successor to your father, you are entitled to an equal share in the property left behind by your father who died intestate.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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1. Your query is not clear. Are you the daughter of your father and have constructed 2nd floor  of your own on the already existing 1st floor of your father's said property?

2. However, your said property is not an ancestral property since the title did not flow through 4 generations,

3. Moreover, the Supreme Court order is in connection with properties of people belonging to Mitakswara School of Hindu Law where as you being a Bengali, belong to Dayabhaga School of Hindu Law. So, from all angles of law, you have equal share on the properties of your deceased father who died intestate.
Krishna Kishore Ganguly
Advocate, Kolkata
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226 Consultations
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