The concept of coparcener in Mitakshara Hindu law refers to a member of a Hindu joint family who has an equal right to the property and its management. Mitakshara is one of the two main schools of Hindu law, the other being Dayabhaga. The Mitakshara school of Hindu law is prevalent in northern and...
The Hindu Succession Act, 1956 is a law in India that governs the inheritance of property among Hindus. The Act was passed to reform and modernize the Hindu law of inheritance and it introduced several significant changes to the traditional Hindu law of inheritance. Here are some of the key...
Partition of ancestral property refers to the process of dividing an ancestral property among the legal heirs of the deceased person. In the case of Hindu Ancestral property, the Hindu Succession Act, 1956 governs the partition of ancestral property. Partition of ancestral property According to...
Question: How to transfer ancestral property named in great grandfather? Can a co-owner transfer ancestral property when it is in the name of the great grandfather? My grandfather received some property from his father but name did not change. It is in my great grandfather's name. Now my...
Question: Stepmother claiming share in ancestral property. My father married another woman after my mother expired when I was 3 years old and my sister 5 years old. Later on even my father expired when I was 10 years old. My stepmother got a partition from my dad's brother and she entitled her...
Question: Can the daughter of the owner file a suit for share in property which I purchased in 1990? The daughters of the property owner did not sign. They were major at that time, will they be able to claim the property. It is almost 30 years, no suits on the purchased property till now. The...
Question: I have done an agreement for agricultural land 2 months ago and paid 20 lacs. That is ancestral property and the owner is 62 years old, now he has 3 sisters of which 2 are dead. Does the son of a deceased sister have any right in ancestral property? So now do we need the signature of the...
Question: Can an illegitimate son claim his share in his father’s ancestral property? My father has solemnised second marriage in hush-hush. We came to know about his illegal marriage after sixteen years. Then my mother left our home and started living in her parents' home. We are three siblings...
Question: Can my sister sue my children for partition of ancestral property? I got the land from my father but I have given it to my children. We are two brothers and one sister. I’m the youngest. After the death of my father his property devolved upon me and my brother. I have transferred those...
Question: My father died in 2010. Thereafter, I have partitioned the ancestral property on mutual agreement of brothers. I have two brothers and one sister. Only brothers got share in ancestral property. I want to know whether my sister can claim share in ancestral property after partition....
The Hindu Succession Act, 1956, provides for the rights of Hindu daughters in ancestral property. According to the Act, daughters have the same rights as sons to inherit ancestral property as coparceners. A coparcener is a member of a Hindu joint family who has an equal right to the property and...
The self acquired property of the deceased person devolves upon his legal heir if the deceased dies intestate (without making a will). So far as ancestral property is concerned the coparceners of Hindu undivided family get share in the ancestral property by birth. Therefore, a Hindu cannot alienate ancestral property by making a testamentary will. The legal heirs can divide the self acquired and ancestral property either by filing a partition suit or through a family settlement deed.
All the coparceners have joint possession and rights in the ancestral property. Father cannot gift all ancestral property to his daughter in law. There is a separate procedure for making such a gift. However, the father can alienate his share in the ancestral property to any person either by the way of gift or sale.
I want to know about the right of daughter in the father's property. Respected Sir, I need your valuable suggestions towards property rights of my mother and her sister. Their grandfather had few agriculture land and home property. He had settled those property among his four sons equally using a...
My husband is a qualified doctor but he has not been practicing for seven years. I have two sons and one daughter. When my husband does not take care of us, can I claim my husband's paternal property? My husband does not own any immovable property. He is a jobless person. My father-in-law is a...