Asked October 02, 2016

Grandfather forced to give away his land

  • 1 Answer

We have a farm land and its legal rights are with my grand father and grand mother. 4 years back my grand father passed away. My father is the middle one and he had two sisters, one elder and one younger and they both got married since 20 years. Now my grand father is sick, they both are forcing my grand father mercilessly to give away that land to both of them. Can my grandfather has the power to share all the land to my father/grand child? If not, how much he can share? Can my father's sisters approach any other lawyer to file a case against us to give away their share? Please advise us how to proceed further. Thank you!

Answer 1

As per Hindu Succession act 2005, (amended) a female has an equal rights over the ancestral

property. But she has no right over the self acquired property of her parents. This parity in rights in

ancestral property was conferred on females with the object of creating a level playing field between

females and males and also to do away with the age-old discrimination, which was meted out to them

in so far as, a share in ancestral property is concerned. So the basic point is if the property is ancestral

property, then your grandfather has to divide the whole property equally, but if the property is self

acquired then he can sell, gift or make a will towards someone specifically also, immaterial of the fact if

they have a daughter or not, however if your grandparent die without making a will over the self

acquired property, then in that case all your aunts will have an equal rights over the property.

Agree Comment 0 Agrees about 5 years ago

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