Legal Question in Civil Rights Law in India
"Hi,
I have some questions about the ancestral property of land and residing home distribution among the children.
My Grandfather had a property of ancestral agricultural land that is distributed among himself, my grandmother, 2 sons, wife's of these 2 sons and 1 daughter(married-widowed). He has 2 more daughters(both married) who did not get any share. He and grandmother died without any will in year 2006 and 2010 respectively. Agricultural land owned on their name is around 11 accrs which is managed by my uncle.
Can my father file a case to get the land named on his parents? Which laws are in support of of this case.
Details : Location Viderbha, Maharashtra. Hindu Family.
2 Answers from Attorneys
ancestral property is jointly owned by all the co sharers. even the daughters, even married, have an equal share in the property. the ancestral property can be partitioned and declaration of ownership cannot be sought in the name of one of the co sharers.
ancestral property is jointly owned by all the co sharers. even the daughters, even married, have an equal share in the property. the ancestral property can be partitioned and declaration of ownership cannot be sought in the name of one of the co sharers unless all other co sharers give express consent to it in the court.
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