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Can son claim mother's ancestral property?

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To remove gender discrimination regarding property rights in India under the Hindu Succession Act, the supreme court upheld the decision that daughters will have the equal rights in ancestral property. The amendment in the act came into force in the year 2005. Since you are here to know can son claim mother’s ancestral property, I am going to provide you with an answer.

Who can claim mother’s ancestral property?

Before divulging into the details let us understand what is an ancestral property.

An ancestral property is a property that is passed on to the successors for up to 3 generations. The successors are known as coparceners. Coparceners can be sons and daughters. 

If your mother dies intestate and has a share in the ancestral property then the children can claim right to the mother's ancestral property. However, during a mother's lifetime, children cannot claim this right, only mothers can claim this right.

For Hindu, Buddhists, Jains and Sikhs the rules of Hindu Succession Act apply. However, for muslim and christian religions, the personal laws come into play and no such laws have been defined as of now for ancestral properties.

  Read more: Can grandson claim grandmother property Can grandson claim rights in grandfather's property Grandfather property belongs to whom

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