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Author Topic: Share of married daughter on inherited family property.  (Read 187 times)

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Offline sylvianogred

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Share of married daughter on inherited family property.
« on: July 28, 2017, 12:17:57 PM »
My grandfather's self earned property passed on to my father (who has not added to the ancestral property nor has any self acquired property), who is his only heir and alive.

My grandfather passed away in 1992, and my father being his only child all the property passed on to him without any will. We are 2 sisters and 3 brothers.

I am the eldest daughter. All of the property was purchased by my grandfather, nothing was added by my father nor my brothers.

With approval from my parents, my brothers and younger brother in law are selling off parts of the property. When I requested them my share, they are non-cooperative. Their response was that I as a married daughter of 35+ years of marriage have no claims on my paternal ancestral property because my father is now the sole owner being the only son and living heir/class I heir. 

Can I request for a formal partition and share of my part as a daughter? Or as according to them and their lawyer, my father being the sole inheritor can dispose of the property as he pleases, because he inherited everything directly from my grandfather.

Please advice, and thanks in advance.

Offline Advocate M.Bhadra

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Re: Share of married daughter on inherited family property.
« Reply #1 on: July 28, 2017, 08:13:03 PM »
The instant property to be treated as self acquired property of your father not ancestral, though it was purchase by your grandfather. During life time of your father you can not claim your share, he can sell or gift to anybody.If your father died intestate and leaving this property in his own name then you can claim your share.


M.Bhadra, advocate at Kolkata

 

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