‘Property from ancestral income belongs to family’

Mumbai: The Bombay high court has upheld a trial court judgement that any property bought from the income from ancestral properties will become part of the ancestral property which is owned jointly by the entire family and will also be liable for partition as per the Hindu Succession Act.

The order was passed by the high court while hearing the second appeal filed by two female members of a family from Solapur who were termed ineligible to get a share in property bought by the family from the income from the ancestral property. A bench of Justice Dr Shalini Phan-salkar Joshi while hearing the appeal of the mother and daughter duo against a judgement of the district judge which had said that the mother and daughter had no right to claim a share in the family property as the husband had no property in his name and all the property was in the name of the father-in-law. The district judge had further held that mother and daughter had no right in the property owned by the father-in-law as it was family property and they could not seek a share in it. The mother-daughter had claimed a share of the family property as well as the property purchased by the husband as well.

While arguing their case the mother-daughter pointed out that the family earned income from numerous properties owned by the family and the husband had purchased properties from that income. He had however taken the properties in the name of other family members to deny the mother and daughter any rights to claim a share in the property.

Ms Joshi held that though the husband did not have any property in his name from which the mother-daughter could claim a share, they did have a right to claim their share.