Apni Law Staff asked 2 years ago
My grandfather passed away in 1983, leaving behind some land as ancestral property. He had four sons and three daughters. All his sons together sold a part of the land in 1986 without giving any share to their sisters. The grandfather’s daughters filed a case in 1989 and received an equal share as their brothers. The sons then appealed to the district court, presenting their documents. The appellate court ruled in 2009 that the daughters were entitled to a 1/40 share (1/8 of their father’s 1/5 share). The daughters have now filed a second appeal in the Madras High Court. What is the actual share the daughters are entitled to? Can they claim a share in the already sold land?
Best Answer
Apni Law Staff answered 2 years ago
Under Indian law, daughters are entitled to an equal share in ancestral property, regardless of whether it was sold before the case was filed. The daughters are likely entitled to a 1/5 share of the land, but the final decision rests with the Madras High Court. They may not be able to claim a share in the already sold land as the sale occurred before the court’s ruling.
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