Legal Question in Family Law in India

women's share in ancestral property

this is regarding my mother's share in her ancestral property. she is the third child of seven childrens (4 boys & 3 girls) of her late father. at present they have an plot (ancestral property) which have some built up are in which her brothers are living. all the sisters & brothers are married. its been 12 years that her father expired there is no will being made. now the brothers are giving the property to a builder to construct an apartment (12 aprt) from which elder brother will be having 2, and 3 brothers will be having 1 apartment and 1 more will sold and what ever the amount will come in that they are going to divide it to the 3 sisters. we approached them & asked for equal share. but they are not obliging for the same. do we have the equal share in this property. we even asked them to sell the property and share it with 7 of the brothers and sisters, but they are not considering this option. and they are telling we don't have any right in the property. is this true or can we challenge in the court of law... pls suggest me


Asked on 3/24/09, 6:45 am

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: women's share in ancestral property

Yes, you have an equal share in the property; You may need to make a demand in writing; it may be better to engage a local lawyer and through him you may send them a notice by registered post; if they do not agree for an amicable settlement to part with your share, you may file a civil suit; and also pray for an injunction restraining them to proceed further with any kind of alienation / development etc.

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Answered on 3/24/09, 8:39 am


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