Apni Law Staff asked 3 years ago
My grandmother’s father owned properties passed down through generations. After 2005, my uncles started selling these properties. Both my grandmother and grandfather passed away before 1980. There was no official division of the property during their lifetime. All the grandsons are selling the property and refusing to give anything to the granddaughters. Can my mother claim her share? How does the recent Supreme Court ruling by Justices Anil R Dave and Adarsh K Goel impact this situation? Some of the properties were registered in the grandsons’ names in the 1990s after the death of my grandparents, and not all grandsons are included in these deeds.
Best Answer
Apni Law Staff answered 3 years ago
Yes, your mother can claim her share of the inherited property. The Supreme Court ruling in 2015 clarified that daughters have an equal right to inherit ancestral property as sons, regardless of whether the property was divided during the parents’ lifetime. The fact that some properties are registered in the grandsons’ names doesn’t automatically invalidate your mother’s claim, as the transfer may not have been legitimate.
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