• Property share of ladies in sale of ancestral property

My family tree is as follows-
                                               late Yashawant [ purchased property in 1876]  
                              !____________________!_______________________________! 
                              !                                         !                                                              !   
       Late Ramachandra                   late Laxman     -                                               late Vinayak
       _______!_____                              ______!________ ______                                !
       !                        !                             !                       !                 !                               !
 Late Vasudeo      Late 2 daughters      Late Shankar   Late          Surviving              Yashwant 
    !                                                                !                3 daughters  1 daughter            !
__!______________                            ____!___________                                             !
!                                !                          !                               !                                       Vidya(65)
Govind(Age 69)    Sudha(75)            Shrikant(65)          Prabha(64)                          Vijaya(63)
                              Manda(73)           Gajanan(55)          Sandhya(60)                       Vandana(58)
                              Priya(64)                                            Padma(52)                          Medha(55)
Asked 6 months ago in Property Law from pune, Maharashtra
Religion: Hindu
If the property is undivided then it is ancestral in character wherein the surviving daughters have a share equal to the share of sons, which they can separate by filing a suit for partition in the civil court.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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1)since property has remained undivided for four generations it would be ancestral property 

2) daughters have equal share in ancestral property . 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
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Hi, As per latest Supreme Court ruling if the property being an ancestral property and if the father died  on or before 09-09-2005 then daughters have no right to claim share in the ancestral property.
Second Condition: Though father alive,if there is any previous partition by way of registered partition deed then also  daughters have no right to claim share in the property.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
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Family tree without the details of who died when and whether the properties were partitioned at any time, whether the ladies were married before the amendment to hindu succession act, whether the fathers of the ladies were living  during the the year of effect of hindu succession amendment act, 2005; 
All the above details are missing to render any opinion.
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
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1) you did not in your original query mention that father of ladies died before 2005 

2) if father died before 2005 as per SC judgment daughters would have no share in ancestral property 

3) entry in 7/12 extract is for revenue records for payment of property taxes . it does not mean legal  title to property
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
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The marriage date of daughters has no nexus with their right to cull out their share. They should file a suit for partition,
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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after the judgment of prakash vs phulwati it is settled that if father of the daughters is died before 20 sep 2004 daughters have no right in the ancestral property of father. 
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
entry in 7/12 extract does not cause any legal effect regarding title of the property. 
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
Your question is devoid of details.
Who are those ladies you refer here?
How are you related to any one of the member of the family tree mentioned above? 
If ladies names appear in 7/12, who are those ladies?
Whose daughters are those ladies
Your questions and doubts can be cleared by a local lawyer to whom you can give the details along with relevant documents in person.
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0

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