1) if it is ancestral property and father died before 2005 daughter would have no share in in ancestral property
2) property which had remained undivided for four generations would be ancestral property
Right of daughter in ancestral property
Respecetd Sir My wife belongs to a big family consists 7 sisters and 5 brothers. Her father died in 1983. his father was holding 15 acres of land (In Andhra Pradesh Agriculture land) which was inherted property. As a last daughter my wife got married in 1997. In 2014 Sep' the siblings and along with mother sold the property without informing to sibling sisters made equal part of the proceedings among them. After came to know about sale of property we contacted a lawyer and filed a suit. Till date the case is going on without any results. My doubt/question is that whether these sisters are having any right in the said property. I there any chance for positive outcome in favour of my wife & her sisters Please advice Regards Ramamurthy
Asked 7 years ago in Family Law
Religion: Hindu
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5 Answers
The sisters do have share in the proeprty of the father,more so, when her father dued intestate.
I am not sure why the case is delayed so much.
If the specific reason for it is known then I can come up with further advice.
You can take help of another lawyer to find out the reason.
On the demise of y our wife's father his property devolved through succession on his widow and all children equally. The property could not have been sold without the consent of all the heirs. Since you are aggrieved by the delay in the conclusion of the trial you should move the High Court to expedite the disposal of the case.
1. You fall under Mitakswara school of Hindu Law for which daughters are not entitled to ancestral property if their father has died before the amendment of the Hindu Succession Act, 2005,
2. If Tittle of the said property has flowed for 4 generations from great grandfather to great grandson without any interruption through any deed of conveyance or will, the the said property is considered as ancestral property,
3. If your father in law had inherited the said property from his father then it is not considered as an ancestral property and in that case all his daughters will have equal share on his properties through inheritance,
4.Your wife and her sisters have fair chance of winning the case for which they shall have to follow up the matter with their lawyer closely,
5. An application can also be filed before the said Court praying for expediting the matter. and in case of getting no result. a petition may be filed before the high court directing the Court lower to expedite the hearing with in a fixed time frame.
Your wife and her sisters are equally entitled for a share out of their father's property.
From your contents it can be understood that this is not ancestral nature of property hence the daughters are very much eligible for their rightful and legitimate share out of their father's properties left behind by him upon his intestate death.
The partition suits may get delayed but be aware that they will get a fruitful result whenever the court decides and passes a judgment
