Pooja Paliwal
Asked March 06, 2017

Claim to Property

  • 1 Answer
  • 533 Views

our ancestral property is in name of our grandmother. grandfather is no more. My father is dead too leaving 2 sisters as siblings. Now my aunts taking advantage of situation wants to get hold on entire residential property leaving nothing for my mother. We are 4 kids from our father. 3 are settled. One sister is yet to be married. Now kindly suggest does my mother has a claim on in laws property or not. There is no will existing as of now. My grandmother and aunts are selling the property taking all cash with them and not interested in providing any shelter to my mother. Please advice here.

Answer 1

Since it is an ancestral property and not a self-acquired property, you all will get equal shares in the property. As per the 2005 Amendment in the Hindu Succession Act, daughters are entitled to father's ancestral property, provided their father were alive at the time of the amendment. Hence only if your grandfather was alive in 2005, will your aunt be entitled for her share. Else she cannot claim any share in the property. Since the law recognizes the right of daughters in father's ancestral property, there is no such right given to the daughter in law. Hence your mother will not have any right of her own in the property. However, you and your sisters will be entitled for equal right. (Please take note that your sisters can claim their right only if your father was alive till 2005). However being a part of the Hindu-Undivided family; you are entitled to your share and neither your grandmother nor your aunt can take away that share.

 

Researcher: Sammanika Rawat

Agree Comment 0 Agrees over 3 years ago

Please Login or Register to Submit Answer

Directory ads
Need to talk to a lawyer?

Book a phone consultation with a top-rated lawyer on Lawfarm.