21/12/2022
First Family's Right On Ancestral Property // पैतृक संपत्ति पर पहले परिवार का अधिकार : सुप्रीम कोर्ट
Ancestral Property: Babu Ram vs Santokh Singh case, the Supreme Court
-One is free to write a will and exclude one's offspring (sons as well as daughters) from inheriting their self-acquired property. In 2016, the Delhi High Court ruled that an adult son had no legal claim on his parents' self-acquired property.
-How do I stop my father from selling ancestral property?
If your father is about to sell the property, you can file a Suit for permanent and mandatory injunction against your father for stay on that property for any further sale of the property.
-Can parents deny ancestral property to son?
Be it a daughter or a son, a right in the father's ancestral property accrues by birth itself. Thus, as per the law, a father cannot Will such property to anyone he wishes to, or deprive a son of his share in it. A son has a right to inherit such property by the time of his birth itself.
-Does daughter have right in ancestral property?
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As per the amendment, a daughter is recognized as a coparcener in the ancestral property, i.e. she has a right by birth in the ancestral property, and thus, a daughter will have an equal share in the ancestral property as that of a son even after marriage.
• Babu Ram vs Santokh Singh case, the Supreme Court order copy:
https://main.sci.gov.in/supremecourt/2018/40770/40770_2018_Judgement_07-Mar-2019.pdf
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