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Thursday, May 3, 2012

DAUGHTER'S RIGHT IN ANCESTRAL PROPERTY

-P.RAJENDRAN    http://www.prajendran.com/




The Hindu Succession  Act, 1956 is an Act to codify the law relating to intestate succession among Hindus. Intestate succession means succession to property left by a Hindu without any testamentary instrument like Will, Settlement etc. The Act brought about important changes in the law of succession but without affecting the special rights of the members of a coparcenary.  Coparcenary consists of  a male Hindu, his son,  grand son (son’s son) and great grand son (son’s son’s son).  Daughters were excluded from succession to coparcenary property. The law by excluding the daughter from participating in the coparcenary ownership not only contributed to her discrimination on the ground of  gender but also led to oppression and negation of her fundamental right of equality guaranteed under Article 226 of the Constitution of India.  Parliament felt that non inclusion of daughters in the coparcenary property was causing discrimination to them and accordingly decided to bring in necessary changes in the law.  Accordingly Section-6 of the Hindu Succession Act, 1956 was substituted by a new provision vide the Hindu Succession (Amendment) Act, 2005 as follows:
'6. Devolution of interest in coparcenary property.-(1) On and from the commencement of the Hindu Succession (Amendment) Act, 2005, in a Joint Hindu family governed by the Mitakshara law, the daughter of a coparcener shall,- (a) by birth become a coparcener in her own right in the same manner as the son; (b) have the same rights in the coparcenary property as she would have had if she had been a son; (c) be subject to the same liabilities in respect of the said coparcenary property as that of a son, and any reference to a Hindu Mitakshara coparcener shall be deemed to include a reference to a daughter of a coparcener: Provided that nothing contained in this sub-section shall affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken place before the 20th day of December, 2004.
(2) Any property to which a female Hindu becomes entitled by virtue of sub-section (1) shall be held by her with the incidents of coparcenary ownership and shall be regarded, notwithstanding anything contained in this Act, or any other law for the time being in force, as property capable of being disposed of by her by testamentary disposition.
(3) Where a Hindu dies after the commencement of the Hindu Succession (Amendment) Act, 2005, his interest in the property of a Joint Hindu family governed by the Mitakshara law, shall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship, and the coparcenary property shall be deemed to have been divided as if a partition had taken place and,- (a) the daughter is allotted the same share as is allotted to a son; (b) the share of the pre-deceased son or a pre-deceased daughter, as they would have got had they been alive at the time of partition, shall be allotted to the surviving child of such pre-deceased son or of such pre-deceased daughter; and (c) the share of the pre-deceased child of a pre-deceased son or of a pre-deceased daughter, as such child would have got had he or she been alive at the time of the partition, shall be allotted to the child of such pre-deceased child of the pre-deceased son or a pre-deceased daughter, as the case may be.

Explanation.- For the purposes of this sub-section, the interest of a Hindu Mitakshara coparcener shall be deemed to be the share in the property that would have been allotted to him if a partition of the property had taken place immediately before his death, irrespective of whether he was entitled to claim partition or not.
(4) After the commencement of the Hindu Succession (Amendment) Act, 2005, no court shall recognise any right to proceed against a son, grandson or great-grandson for the recovery of any debt due from his father, grandfather or great-grandfather solely on the ground of the pious obligation under the Hindu law, of such son, grandson or great-grandson to discharge any such debt: Provided that in the case of any debt contracted before the commencement of the Hindu Succession (Amendment) Act, 2005, nothing contained in this sub-section shall affect- (a) the right of any creditor to proceed against the son, grandson or great-grandson, as the case may be; or (b) any alienation made in respect of or in satisfaction of, any such debt, and any such right or alienation shall be enforceable under the rule of pious obligation in the same manner and to the same extent as it would have been enforceable as if the Hindu Succession (Amendment) Act, 2005 had not been enacted.

Explanation.-For the purposes of clause (a), the expression "son", "grandson" or "great-grandson" shall be deemed to refer to the son, grandson or great-grandson, as the case may be, who was born or adopted prior to the commencement of the Hindu Succession (Amendment) Act, 2005.  


(5) Nothing contained in this section shall apply to a partition, which has been effected before the 20th day of December, 2004".
        The new Section 6 provides for parity of rights in the coparcenary property among male and female members of a joint Hindu family on and from 09-09-2005.  Thus on and from 09-09-2005 the daughter is entitled to a share in the ancestral property and is a coparcener as if she had been a son.  The States of Tamil Nadu,  Andhra Pradesh, Karnataka  and Maharashtra  made necessary changes in the law giving equal rights to daughters in the ancestral property by enacting State amendments and in these states the daughters have been provided parity of rights in the co-parcenary property with effect from the dates notified by the said State amendments.  The effective dates are:- Tamil Nadu(25-03-1989),  Andhra Pradesh (5-9-1985)  Karnataka (30-07-1994) and Maharashtra (22-06-1994).  The State of Kerala abolished the joint family system by enacting the Kerala Joint Hindu Family System (Abolition) Act. 1975 with effect from 1-12-1976.
  
      The right accrued to a daughter in the ancestral property, by virtue of the Amendment  Act, 2005 is absolute, except in the circumstances provided in the amended Section-6.  The excepted categories to which new Section-6 is not applicable are two, namely, (1)  where the disposition or alienation including any partition which took place before 20-12-2004 and (2) where testamentary disposition of the property was made before 20-12-2004.

121 comments:

  1. Hi,
    I just went through your blog and found it very interesting. You have mentioned here some points which will be very useful for everyone who are searching for some idea related to property. Buying a property is a very good investment but all should be aware of everything. Can you suggest some necessary steps to be taken while buying residential property?
    Waiting for your next blog…!
    Malati

    ReplyDelete
  2. sir,
    my father in law property was a self aquired before dieing 3 months .
    he sold with witness of his wife & his brother .he has one grand son of 6 years ( female ) my sister is widow .
    We are planing for case shall we get in that share he sold 79 gunta (min 2 yaker)

    ReplyDelete
  3. According to Hindu Succession (Amendment) Act, 2005, Daugher has the same right to claim in the father's property like son.
    ____________
    flats in Jaipur

    ReplyDelete
  4. Very informative!My mother were 7 brothers and sisterst( 4 brosther & 3 sisters) out of which my mother passed away. Now my maternal uncles have built a building on my nana's land and kept all the sisters out. Instead of taking a flat each they have taken 2 flats on their names, keeping all the sisters out. my questions are:-
    1. In absence of my mother do my brother and I have stake in the property after my mother's no more and how do we go ahead with it. The propertry in in Ranchi and we rae based out of Delhi.

    ReplyDelete
  5. Why this amendment made by each state, when centre has amendedit in 2005. Is it a state subject or centre subject.

    ReplyDelete
  6. Provided that nothing contained in this sub-section shall affect or invalidate any disposition or alienation including any partition or testamentary disposition of property

    ReplyDelete
    Replies
    1. what happens if the partition deed is not registerd. and women born before 1956. can she stll get the share?

      Delete
    2. My question is also same. Till now, if no partition deed is registered and if sisters were born before 1956, then can they still get the share in current property??

      Delete
  7. Nice information shared .One should know about this..Thanks for sharing..Keep Updating

    ReplyDelete
  8. Provided that nothing contained in this sub-section shall affect or invalidate any disposition or alienation including any partition or testamentary disposition of property

    ReplyDelete
  9. This comment has been removed by the author.

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  10. sir i need some suggestion,...
    my ancestor i,e; my great grand father had property which was divided in partition,.. my grand father and my father sold their share of property through GPA in 1995,... (but the purchaser that time cheated them for illiterate dint no to read and write,.. purchaser took advantage and written in GPA as 4 acres of land instead 3.20 guntas) but they were strong and couldnt do any thing,...

    Now the at the time of sale i was MINOR and my grand fathers daughters were not signed to the GPA can i file a case now,.. as a minors suit,... or can my grand fathers daughters file a case,...
    pleas suggest me a solution,...

    as now some one else have gone through this kind a case and were win a compensation,...

    Is there any way for us to file a case,..

    ReplyDelete
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    ReplyDelete
  12. The sale property for sale in lucknow is high on demand. House for sale in Lucknow and flat available in Lucknow.

    ReplyDelete
  13. My mother and Father are late and I have a step mother. My father married her after my mother's death and I have two step sisters (both are married). My father died in 1989, left an agricultural land behind, unwilled. But Patta of the land is in my name(1994). All my relatives (including my step mother) agreed me as the only rightful owner of the land and asked me to transfer the land to my wife's name. So I gave Dhana Settlement to my wife in 2012.
    Now my two step sisters have sent me a notice demanding share over the property. Is there any use to move on legally or there is no use to appeal. Please guide me in this.

    ReplyDelete
    Replies
    1. If the patta is on your name, you are the legal owner anyway. Your step sisters or for that matter, even your step mother has no right of claim over it.

      Delete
  14. Do daughter's sons and daughters get share in property of grandfather if he has expired in 1940s but property has not been partitioned till date? Do the married granddaughters who are married before June 1994 get share in the property?

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  15. sir my wife gave away her share of property in2006to her only brother free of cost on the grounds of love and affection without my signature on the registered documents ,is the registered deed is valid

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  16. This comment has been removed by the author.

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  17. We have a Copacenary property.My Father Died in 1987. My Grandfather died in 1997 leaving a Will against me The will was challenged and dismissed.My Grandmother died in 2007 & My paternal aunts filed a suit against me for equal right in property.They are using the will against me at all places however the same has been challenged. Sir, i want to know that I am still a Copacener or not ? Please help me with citations to strengthen my case. Thanks & Regards. Anonymous

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  18. We have 2 brothers, 2 sisters and 1 mother in ancestral property owned by my Grandfather.
    2 sisters married before 1994 & father expired before 1990.
    How will be the partition in our ancestral property for dwelling house?

    ReplyDelete
  19. We have 2 brothers, 2 sisters and 1 mother in ancestral property owned by my Grandfather.
    2 sisters married before 1994 & father expired before 1990.
    How will be the partition in our ancestral property for dwelling house?
    Please reply for Maharashtra State Law for Hindu Law

    ReplyDelete
  20. tampered oral memorandum of partition and one of the person not made party and not sighned, not registered is it valid

    ReplyDelete
  21. We have 2 brothers & 6 daughter's, it is an anscestral property father died on 20 oct 2004. 2 daughter's born before 1956....... how this property will be devided........

    Thanks in advance
    Please reply

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  22. This comment has been removed by the author.

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  23. A lady currently 60 year old already a few years back, had received a small piece of land (approx. 4 cents) as her and her daughter’s share from the ancestral property.

    The lady wants to build a house in that property; by receiving financial help from her son.

    In this scenario, is there any need to get the no objection from her daughter as the housing plan includes also the portion in the name of the daughter?

    If yes, by giving consent in signing, will the daughter loose the legal power to stay in that house in future as her brother will be spending money to build the house for their mother?

    Will there be any difference in the law if the house and the land will continue in the name of the mother?


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  24. Sir,
    MY mother(Hindu) is having some property which is her fathers property (not written any will),she sold that property by forgery of my signature,we are of two brothers and one sister.except my signature all others were there.
    I or My sons have any right on that property or properties of my grand father (mother's side)
    please guide me the way that what i can do.

    ReplyDelete
  25. Dear Sir,

    Am the only daughter(no brothers)to my father. He received ancestral property from my grandfather. Can he sell it off without my and my mother's consent?. My father has undergone huge financial crises, which we have cleared and to further safeguard my and my mothers interest we requested him to transfer the property in my mother's name which he is denying. he has the backing of his brothers (my uncles)who have instructed not to do so. What are the options in front of me kindly suggest.

    ReplyDelete
  26. Dear Sir,

    We are catholics , My maternal grandfather had bought a property and died without a will, he had 6 children out with which 2 daughters have passed away including my mum and now there is just 2 sons one living in australia and the other in london, and 2 daughter one in canada and one in india. during one of my uncle's visit to india (the one in london) he took my grandpa's property papers and put the property in his name claiming he is the only son to my grandfather, now my aunt and him claim they are the owners of the property and will sell to whoever wants to buy it and share the money with all the living siblings, also mentioning that we do not have any rights on the property, we are 4 brothers and sisters and my brothers wants to buy the land atleast half the portion, but he does not want to negotiate, we are in such a delima that we really dont know who to turn to for support, both our parents have now passed, any advise from you will be appreciated ..thanks

    ReplyDelete
  27. hi,
    I read this blog. This is very interesting this blog. Thank you for making this type of blog...
    I enjoy your site theme.Amrapali Kingswood and Ekdant Rawal Residency

    ReplyDelete
  28. My mother in law expired in Dec 2000.Her all the 7 daughters were married. Her youngest daughter died in the yr 1990 and her children were very small and the mother Nani brought them to her house. The father also died long back and no parents now.More than 25 years the chldren are staying in the grand mothers house and pay elect charges and munc tax. Now the one of the aunt (mousy) want a share in the dwelling house for her daughter who is married and is well to do.Will you pl throw light on this issue and advise whether the daughters daughter will be eligible

    ReplyDelete
  29. Sir ,my father has two marriage .from first marriage he has three daughter all are married happily.from second marriage we are two brother and one sister all are unmarried .My father and both are alive.now my 3 elder sister are demanding there part in property as my father is not working neither we they are puting pressure on us .how much they will get in property

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  30. my grandfather had two wives. The first wife gave birth to one son and after the first wives death he married another. the second wife has one son and two daughters. In 1976 the first wife's son asked for the share of property through court. The court partitioned the property into three parts, one given to first wife's son and second wife's son and to my grand father. the court gave this judgement in the year 1983. Could the daughters of second wife can have the share of the ancestral property.

    ReplyDelete
  31. Sir, I am only daughter among four children. I got married in 1988 and no dowry was taken by my husband and till date I have not taken a single rupee from my parents. my father had ancestral property and also he has earned some money during service and have a house worth 3 crs and two flats worth 80 laks, lot of cash and gold was also available with my mother I am not aware of exact figures. all the property was on my mothers name. recently my mother expired due to cancer just 5 days before the demise a will was executed and registered by my youngest brother. except for the flats entire property is written in his name and the two flats are given rest of the two brothers. it was stated in the will that they have financed me and my husband several times right from my marriage, hence no property is give to me. my grandmothers gold was given to me during marriage cermony and one two wheelar, refrigerator and doublecots were given but entire money was from my salary savings. My father does not want to comment and is scared of my younger brother. Before I came to know about the will my younger brother approached me with a deposit of 4laks + which is in my name deposited by my mother, gave the amount to me and took back 3/4th of the amount to be distributed the same among the brothers(this entire transaction was through bank).what will be my legal stand. actually I am not interested in property, but if I keep quite it means I am accepting that I have taken finance from my mother right from my marriage.

    ReplyDelete
  32. A father have 2daughter's and 1son.

    Grandfather expired 4years without writing the 'WILL'.
    So, the property was shared for the 2daughters a year ago.
    Now when it comes to register the remaining property on the son's name.

    Does the 2 daughter's have the right again to claim the property?
    Do the 2daughter's and grandson(son's son) have the equal share in the grandfather's property?

    Can you please help me as I'm the wife of the grandson.
    Your help is highly appreciated.

    ReplyDelete
  33. We had an ancestral shop which was transferred in the name of my brother when we were small.now he has sold the shop & we 3 sisters are married now. Can we 3 sisters claim for our share.

    ReplyDelete
  34. My mum is the oldest of three siblings ,,she has 2 step brothers from the same father ,,father past away 1988 ,,1 brother past away 2012 ,,,now remaining brother refusing to give my mums share from property and land situated India - village called asana ,via dabhel ,gujrat ,they are both indian Muslims born in India ,,we want to file a case but need contacts ,information on how to do this ,,,,my mum is living in UK so is the brother ,,plz can u advise email- moosepatel@yahoo.co.uk

    ReplyDelete
  35. I am very happy to be here because this is a very good site that provides lots of information about the topics covered in depth. Im glad to see that people are actually writing about this issue in such a smart way,

    ReplyDelete
  36. Hello Sir,
    We brought a property( Kisam Chaka)from Mr. BanaBihari panda in the year 2001,the property was ancestral and on name of his Father Dharam Panda,We got possession,mutation on 2001 and started constructing a new home on that.Last month Banabihari's Sisters have suit a case on us demanding to cancel the deed as the sell was with there concern, also file a injection suit to stop the construction of house.Please need help please mail the suggestion on deviduttaom@gmail.com,
    note:-the property is of 33 decimil.'
    the sell happened before commencement of Hindu succesion act 2005
    Still there are 60 decimil of propoerty with the name of Dharam Panda(ancestral property)

    Please responce sir,waiting for your help..
    Regards
    devidutta-
    Deviduttaom@gmail.com
    08767125639

    ReplyDelete
  37. There is a house which is registered in my grandfathers ( my fathers father)name.after his death in late jan 2012 ,the house according to the law was to be transfered to the nominee made by my grandfather.but according to my grandmothers wish a request was forward to the houseing board dept.to transfer the house to my fathers name(as per the wish of the nominee, made by my grandfather) but in due cource my faters sister ad put a stay for transfering the house in my fathers name.with due cource it has passed around one year that my father have again put a file in housing board requesting the transfer of house to nominee name(my grandmother).as per my grandfather wish.my grandfather hade made mention nominee name in the registry. but due to delay in te process the is not being transfered to my grandmothers name whic is against her right to life and dignity.is there any process that make the process fast and can i file a suit against my fathers sister name and the transfering authority(ie.houseing board dept.)is this case can be file anainst human rights violations act...

    sir plz help me .my grand mothers not have much time in life to enjoy the dignity she is already 75 and the wish of my grandfather is also hampered.

    note; the house is purchased and build by my father and mother both after my grandfather retirement but due to the presence of my olderly grandfather it is the duty or obligatory for every son and daughter in law to make the registy in inlaws name.

    my grandfather had not made any will.

    plz send me the desired direction on email shouneet@gmail.com or you can make me call at 9212238558.

    ReplyDelete
  38. Sir, i like Ur blog. Please tell me the partition of our house was done in 1984 after the death of our grand father. The ragistry was in the name of our great grand father(without will)new partition was ragistered in the name of cousin.1 baba(grand fathers brother)2.fathers brother(uncle name)n in my fathers name in1984. No amount of share has been there in partition deed now grand daughter(sister of my fathers asking for share in property n work. As we are mahabrahimn work in cremination ground on some share basis. Do they are title for share partition property befor1984 nshare of income in cremination ground. Waiting for ur reply.

    ReplyDelete
  39. Hello Sir,

    Myself Nazir,belongs to muslim community.My father was expired in last year. He didn't made any WILL about property.I have three sisters and myself.Now they are fighting for property with me..

    So just want to know about how much share they claim in
    Immovable(residential) property and agricultural property.

    Even i am ready to give their share but they want half of the share from whole perperty.Since from 20 years my sister live in my fathers house and they didn't pay single penny for that even tax and bill will be paid by me.
    Even after getting fathers property share they are plan to sale that one.which i don't want my father work very hard for that but my sister in law's are much interrest in saleing of perperty which i don't want to.

    Q.So just want to confirm from you how much share they will get claim for and how much they will get it as per Indian Muslim law and Indain law..?

    Kindly advise me on the same sir.Waiting for your reply.

    Thanks,
    Nazir.








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  40. the present rights of records of the land and building is in my father in law name. however, i got to know that he has inheritated it from his father. He had not bought it. Is my wife elgible to claim her share from those property.

    ReplyDelete
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  42. just wanted to point out that the comments on here are awful. You might want to clean these up at some point so casual browsers like me can actually have a conversation.updating your blog with more information? It is extremely helpful for me.
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  43. I really love the way information is presented in your post. I feel strongly about it and love learning more on this topic. If possible, as you gain expertise, would you mind updating your blog with more information? It is extremely helpful for me.
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  44. Sir, I am single brother & two married sister. Sisters married before 2000.My father is dead in 1997. My mother is alive and she wants to give the property of me. Sir you suggest me what is the rule.

    ReplyDelete
  45. Dear Sir,
    I am husband of Mrs.Radhika B Pawar. My wife had four brothers and one sister (excluding herself). Her father was exprired about 30yrs back. The land owned by my father-in-law was on his name till last to last year. It was on transferred on my mother-in-law's name. My Mrs.had four brothers and their childrens (seven in numbers) and their names were included in the property last to last year. "During last month a piece of 18 Acres out of total land was sold to a party. At time of selldid was made my wife was told that, she will be getting her share by her mother". (I would like to mention that, my two brother-in-lawas were expired, one was expired about 15 yrs back and one expired before 4 yrs back. After second brother-in-lawas death the names of both deased brother-in-lawas son and daughter were included in the property and the name of my father-in-law was removed from property about 4to5 yrs back.)
    Now my third brother-in-law has distributed money earned by selling the piece of land (Official total value and Black money) in twelve parts and minimum amount's cheque was passed to my Mrs.through some one which is not yet claimed by my Mrs.
    My point is this as my Father-in-Law was having four sons and Two daughers. The earned amount by selling the piece of land as I said above, should be distributed in SIX parts (If at all in Seven Parts as My mother-in-law is still alive), as original next of kins of my late father-in-law..but despite of doing like this he purposely included all sons and daughters of all sons only which is totally wrong in my view.
    I would request you to advise me in this matter and give me perfect solution.

    With Thanks
    Balkrishna Pawar
    (9225901818)

    ReplyDelete
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  47. My query

    My grandfathers father property which did not contain patta. My grandfather has two - my father and his sister. My father got patta in 1996 in his name. Now he has given share to his sister. As per the act whether my fathers sister has rights as my grandfathers property did not have any legal document except for the patta that too under my fathers name. What does the law on or after 2005 states for this case. Please advise.

    ReplyDelete
  48. Sir, I am from Kerala. I would like to know about my fathers property. we are residing in our father's property which was my grand fathers. But my father bought the shares of my uncles and aunts and my grandmother gave her property to my father as well. But my father died in 2006. my grandmother was alive then and she passed away a year ago. i just want to know whether his son have any right in our property now. expecting a reply...thanks

    ReplyDelete
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  50. Hello Sir,

    My Name is Y...... I m 26 ys old n married i h have 1 yr daughter. I m wokring for a private Comany in Bangalore. My father is a coffplater, we have 10 acres of coffee planation n 2 acres of paddy land and 3 acres empyty land. I had an elder brother, he passed away last year. I dont have grand parents, all the property which my father has, is ancestral property and it is in my fad's name. My dad has 4 sisters all are married befor 1990 and well settled. would my fathers property should be shared for his sisters if they claim?

    My father is not so healthy, i do so much medical expense for myt father, when we were in need of support, no body turned up, since my brother is passed, they might ask for a share,

    Please advise

    ReplyDelete
  51. My Grandfather executed a Gift settlement in favour of my Grandmother for the ancestral property of 2 acres in 1957 where as at the time of execution they had five children, one male child (my father aged about 14 years) and four female child (aged about 12, 9, 6 & 4 years). After that in 1972 my Grandmother executed a Gift settlement in favour of my Father for the same above said property. Then My father is enjoying the property till now and he is alive and healthy now. He also worded in Railway and retired in 2001. My Grandfather expired on 1984 and my Grandmother expired on 2000. I am having 2 Sisters , my 4 aunts (father’s Sisters) and my 2 sisters are all alive and healthy today. Now one of my sister issued an Legal Notice asking 1/4th share from the above property.

    Is they (my sisters) are having rights to get share?
    Is my 4 aunts are having rights to get share?

    Meanwhile Now my father is planning to execute a settlement in favour my me. Is this property is absolute property that my father can do as he wish or not?

    Please Guide me on this.

    C.Balakrishnan
    Erode



    ReplyDelete
  52. Respected sir,
    my grand_father having five sons n three daughters.my grand father expired in 1983.He had distributed his property to their sons and omited the names of the daughters by the way of GAV PANCHNAMA duly approved and sanctiond by Tahsildar in year 1988,through Vardi notice.Please advice me whether his daughters and son and daughters of his expired daughter will have any right to claim on the property(land).
    Please reply me on my mail address which is as follows
    (dhvichare1964@gmail.com)

    Thanking you. Yours faithfully
    Dhananjay

    ReplyDelete
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  55. My father has got all ancestral property. I have one sister and two brothers and mother. my father passed away intesate on 16 nov 1995. I got married on 30 aug 1991. I belongs Tamil Nadu. My father has registered a partition deed diviving only two of his ancesrel property among himself and my three brothers. Balance properties left undivided. what is the share of me in the propery.
    K SARADHA TAMIL NADU

    ReplyDelete
  56. sir what is role of daughter in the father"s property...?

    ReplyDelete
  57. My mother-in-law is a single daughter of her father. Her father died. She own an ancestral property, actually the property own by her grand-father. Her grand-father was having four sons and those four sons have few grand-sons and grand-daughters. My mother-in-law is the only successor of her father.
    Now, is she eligible for equal sharing for that property? Any will made by her grand-mother is valid?
    Please reply asap.

    Debashish Bhattacharya

    ReplyDelete
  58. meri 10 mahine pehle shadi hui thi. Mere husband ka intekaal ho gya. Ab main dusri shadi nhi karna chahti hoon. Mere sasural mein mujhe mere hisse ki property mil sakti hai.

    ReplyDelete
  59. how much share devolve to a daughter under HUF

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  60. My grand grandfather write a will for male heredity, as a grand granddaughter, can I eligible to get my grand grandfather's property as per Indian act as a daughter

    ReplyDelete
  61. Pls guide regarding below :
    My self & my daughter had filed a partition suit on 2006 against my husband or her father.Because he is addicted & seeling all his property one by one.After filing suit, civil court has given temp injunction on suit property.There was existence of injunction still my husband sold that property on 2008.Purchaser of the property know all situation but still he purchased intentionally.Finally civil court has given judgement & dismissed our suit on the ground that wife can not file a partition suit & daugther also can not file a partition suit as her father is still alive.Her birh date is 22.11.2003 so she is not entitled right of co-partioner also as per amendment of Hindu Succession Act 2005.
    Now I need a guidance,
    1) how can we claim the property? If there is right for daughter (date of birth is 22.11.2003) to file a partition suit against her father, pls send various case laws.
    2) Is there any right to file a partition suit against husband, pls send various case laws

    Pls send a mail on ruchitnil1@gmail.com

    ReplyDelete
  62. Sir ( name SHARMA"S ) we have a residential property bought by my great grandfather in 1920 , he passed away in 1954 , his 4 sons became the absolute owners of the same . one of the sons Mr X had 2 married daughters Mrs A and Mrs B. both the daughters passed away in 1983 and 1991. Mr X passed away in 1985 , after his death , his widow was residing in one of the flats and we took care of her. She passed away in 1991.
    From then till now we Sharma"s are living and sharing our undivided property collectively.
    The daughters of Mr X who passed away before him never demanded any share on any interest in the property as thier parents were living and occupying 1 of the flats.
    Now the married grand daughter of Mr X ( daughter of Mrs A ) is demanding the residential flat and her share in this property inherited by Sharma's .
    My question is whether she has a rightful share and how can we defend ourselves. regards.

    ReplyDelete
  63. Sir ( name SHARMA"S ) we have a residential property bought by my great grandfather in 1920 , he passed away in 1954 , his 4 sons became the absolute owners of the same . one of the sons Mr X had 2 married daughters Mrs A and Mrs B. both the daughters passed away in 1983 and 1991. Mr X passed away in 1985 , after his death , his widow was residing in one of the flats and we took care of her. She passed away in 1991.
    From then till now we Sharma"s are living and sharing our undivided property collectively.
    The daughters of Mr X who passed away before him never demanded any share on any interest in the property as thier parents were living and occupying 1 of the flats.
    Now the married grand daughter of Mr X ( daughter of Mrs A ) is demanding the residential flat and her share in this property inherited by Sharma's .
    My question is whether she has a rightful share and how can we defend ourselves. regards.

    ReplyDelete
  64. Sir ( name SHARMA"S ) we have a residential property bought by my great grandfather in 1920 , he passed away in 1954 , his 4 sons became the absolute owners of the same . one of the sons Mr X had 2 married daughters Mrs A and Mrs B. both the daughters passed away in 1983 and 1991. Mr X passed away in 1985 , after his death , his widow was residing in one of the flats and we took care of her. She passed away in 1991.
    From then till now we Sharma"s are living and sharing our undivided property collectively.
    The daughters of Mr X who passed away before him never demanded any share on any interest in the property as thier parents were living and occupying 1 of the flats.
    Now the married grand daughter of Mr X ( daughter of Mrs A ) is demanding the residential flat and her share in this property inherited by Sharma's .
    My question is whether she has a rightful share and how can we defend ourselves. regards.

    ReplyDelete
  65. Sir ( name SHARMA"S ) we have a residential property bought by my great grandfather in 1920 , he passed away in 1954 , his 4 sons became the absolute owners of the same . one of the sons Mr X had 2 married daughters Mrs A and Mrs B. both the daughters passed away in 1983 and 1991. Mr X passed away in 1985 , after his death , his widow was residing in one of the flats and we took care of her. She passed away in 1991.
    From then till now we Sharma"s are living and sharing our undivided property collectively.
    The daughters of Mr X who passed away before him never demanded any share on any interest in the property as thier parents were living and occupying 1 of the flats.
    Now the married grand daughter of Mr X ( daughter of Mrs A ) is demanding the residential flat and her share in this property inherited by Sharma's .
    My question is whether she has a rightful share and how can we defend ourselves. regards.

    ReplyDelete
  66. sir I have question.. we are 2 brother and 2 sister my father nad mother both alive. I stay in abroad for work. before I came abroad my father divided and registered his property earned by him 2 of our brother without knowing 2 of our sister...now if the situation has changed does he has right to change his mind to give the share to our sister or my sisters they have right to claim for share??? please help me..

    ReplyDelete
  67. hello,this post is really wonderful....it's really very intersting and informative....keep sharing....

    ReplyDelete
  68. Sir,

    we are bengali's and my grandfather migrated to India from Bangladesh after partition. as a result he didnt have any property to himself as he left everything in Bangladesh. the land we have is earned by my dad's hard owned money (he is a banker) but named after my widowed grandmother. he did this as my grandmother had nothing in her name and so my dad wanted the land to be on her name. now after the death of my grandmother, my dad's sister is claiming her right on the land. is this land subject to her ancestral rights? my dad has details of the loans he took to buy that land. and my grandmother actually has nothing as her property. only thing is the land was named after my grandmother. so is it subject to my dad's sister's rights?? a reply will be greatly appreciated!
    thankyou!

    ReplyDelete
  69. Sir,
    My fathers eldest brother in the year 1976 had made a will of his share of ancestral agricultural land on my name as he had no son but only one married daughter. His wife had expired very early and he stayed with us throughout his life.
    In the year 2004 just before his death he made another will of his share of the above said ancestral agricultural land on her married daughters name. During this time my fathers above said brother was around 80 yrs and her daughter around 55yrs. He died very soon after the new will was made.
    I would like to know where do I stand in claiming our ancestral agricultural land as the will was on my name for around 25 yrs. Does the Hindu succession act of 1956 allows the said daughter to have the said land.
    I would be looking forward for your kind reply...

    Thanks and regards,

    Rajendra...
    State: Uttrakhand

    ReplyDelete
  70. sir
    I have few questions which needs your suggestion. My grandfather has two sons my dad and my uncle; me(21 year old girl) and my brother(17 year old) are two children for my parents and my uncle has two sons both of them are major.The property was divided between my dad and uncle and now my uncle has expired'his sons are planning to sell the property. Do they require my signature????? can i file a case for the equal share in the property???

    ReplyDelete
  71. We are three sisters,elder brother and widow of younger brother. Our brother and widow of our younger brother have occupied our fathers property which he purchased in 1971. Our father expired without any will. How can we proceed to get our(sisters) share of the property.

    ReplyDelete
  72. Hi,
    My grand parents(from mother side) has 2 ancestral properties, The grand parent died before 1950, and both the properties are now under the control of his grand son(my cousin from mother's side) and he has utilized it for commercial purpose. Now can I claim my mother's portion in that property?(bcz that property was belonged to my mother's father and his father). I dont know my mother's name is registered in the property card or not.
    Now can I claim the portion in that???....plz guide me//

    ReplyDelete
  73. Enjoy all your articles, good blog,good website,Thanks

    ReplyDelete
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    ReplyDelete
  75. The property is a leasehold property in salt lake ,kolkata.It was registered in the joint name of both the parents. Now mother has expired. Can father give away the whole property to his son without giving any portion to his only daughter? can daughter claim her share in the property on her mother's portion?

    ReplyDelete
  76. Dear Sir,

    My name is ram in Karnataka, my grandfather's father have 2 sons and 1 daughter ( she is no more) her son is going to lodge the case become he need the land for his grand father's property ( till the property is in the name of My Grandfather's father name only)

    is there any chance to give the property to her son

    Please clarify

    ReplyDelete
  77. I am CHRISTIAN by religion. One of my brother has forcefully made a will and sale deed from my Old father and Unmarried aunt of their share of Ancestral land, My father and aunt died soon after that. My brother made the ancestral land by his name and now trying to sale it.Can we two sisters other two brothers get our share from this ancestral land. Pl suggest/Guide..

    ReplyDelete
  78. Each and every point are very expensive one. Thanks for sharing useful information.

    ReplyDelete
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    ReplyDelete
  80. my grand father as some land, after his death it has been shared between 5 sons may in 1992, but now my father's sister sent noticed that she also needs land but she is married before 40 years, so we have give share or not because i heard that only women married on and after 1996 has right, if it is not that please mention year from which daughter can have share,......

    ReplyDelete
  81. I am always very interested to know about property related things. Thanks for sharing useful information.
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    ReplyDelete
  82. I am Christian lady. I married to a Christian person with Registered marriage. My father and Unmarried Aunt has made a will and a sale deed of their share of our Undivided ANCESTRAL land by the name of my one brother. He died soon after that. Is there a different law of Succession in India for Christians. Can I and my another two brothers and one sister have there share in this our Ancestral land as we all being Christians. ( The opposite party Lawyer has raised a point that, Christians doing Registered marriages and being Christian we can not claim for ancestral land after a will and sale deed by father) Pl clarify.

    ReplyDelete
  83. hi sir my father has 2 acre land which was came from his father.but this land is not registered yet but we have katha no and RTC. It is coming from 1962.Actually this land was my grand father's brother land, he was died in 1962 only but he wasn't have any sons but he has only one daughter now she has 85 year.but that land was got katha for my grand father after he was died(it means 1963 got katha to my grand father).after 20 years my grand father died and that land was divided into my father and uncle in 1991.now my grand father's brother daughter is asking this land and she went for court already. now this land is divided into me and my brother throught court only. now i m asking you is there any rights to ask her our land?if there how ? can u suggest me? this case is already running in court we don't know what will happen?please give me the right solution for this?

    ReplyDelete
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  85. hi sir....i am from andhra pradesh,we have almost 30 acres land came from my great grand father and it was registerd on 1940.so,it came to my grand father and to my father.my father has 3 sisters and they got married before 1995.my father was already given 2 acres each and remaining 24 acres with him.
    is there any chance to file a case on property's of my father by using hindu succession act,2005...actually i was not able to get correct information about this.please send me if you have any answer regarding this.so, i am always thankful to you sir.

    ReplyDelete
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    ReplyDelete
  87. sir my mom had two brother n one sis.. Her dad died on1997... Her mom is stil alive.. Property of her dad is not shared yet... Now her brothers telling u people r not having rights to get equal share ... Wats d reason i dont know... My mom got married on 1987... Before 1995 if women married then der is no riights to ask property .. Is it true? Is she has rights?

    ReplyDelete
  88. Can daughter married in 1975 or before 1975, have share in father's (Ancestor) property? If NO according to which points? Thanking you.

    ReplyDelete
  89. I am a Hindu Married women, done intercaste marriage. Do I have any right on mothers ancestral property. My mother is alive and father died. My mother inherited the property from her paternal grandfather. her father has died long time back, and now her paternal grandfather property is getting divided among them (four sisters and 1 brother, all alive).
    They together is going to sell out the plot, Do I have the right on that plot or money they get after selling the plot.

    ReplyDelete
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  92. Sir, Our property is of 1892 (in Andhra Pradesh) in the name of My Great Grand Mother. She had only one son My Grand Father and he has two sons and 6 six daughters. Now my Grand Father, Grand Mother, My Father and Two Aunt's were not alive. My Uncle has only one daughter. Today we want to do partition deed in my Uncle's Name and My Name (Great Grand Son). Is this possible. As all my Aunt's got married before 1980. My Father died in the year 1999. My Grand Father died in the year 1964. My Grand Mother died in the year 2006. Please suggest me.

    ReplyDelete
  93. Hi. my grandfather is died 50 years ago & he had not made a will. So my father got my grandfather's room transferred on his name. My aunt who married 40 years ago never asked for a share in a room & she died a year ago. Now her son is asking for a share in a room. Does he entitle to get this share?

    ReplyDelete
  94. Hi, We recently sold an ancestral property in kerala 30 cents of land . The buyer had some issues over the power of attorney . We produced all the documents and cleared his issues before the sale. the sale was made on october 2013 and the title was registered in his name. Now the buyer is having an issue again with the documents. Only my Late father and aunt were the hiers. The buyer is telling there is another hier for the property. After completing the sale, he is telling like this and asking us to pay fine and all. Kindly suggest us.

    ReplyDelete
  95. Hi, My grandfather property is sold by my two Aunt without telling us. They were 5 sister. I m daughter of one of the sister. My mother is no more.This property is sold few months before, and money is divided between those two. Can I claim my mother share. Please advice what to be done.










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    ReplyDelete
  96. Sir , We had made oral partition between our family members Including my Father , mother , Brothers and sisters on October 2007 Which was unregistered . Also in the same date we had given General Power of Attorney to my Maternal uncle to execute the Family partition . Before executing the partition my father had expired on May 2011. Now one of my sister is not agreeing to abide the oral partition made on 2007 . She is demanding more share than which was originally accepted at 2007 . Now is it the power of attorney holder is able to execute the partition deed ? If not the oral partition agreement is valid for partition . I am living in Tamilnadu . Please give your suggestion .

    ReplyDelete
  97. dear sir
    my mother married in june 1972 and shifted to gujarat. after the death of my grandmother(on whose name the property is ) her sons divided the property without includiing my mother.
    the partition occured in 2006 .one of thhe brothers has sold his part to a third party even though there is a court case.
    the brother has forged docents with my mothers name and is stating that she orally denied her share in the property.
    vil my mother get her right ? the property is in andhra pradesh
    kindly give your suggestion
    kindly

    ReplyDelete
  98. my maternal uncle died in 1978 and his wife died on 1981. Matter uncle was holding some agricultural land . The was ancestral . He had not done any will. He was having three sisters ( two were died and one is alive. Two expired sisters were having sons and sisters as follows .
    one expired sister was having 3 daughters and another expired sister was having 3 sons(#) and 4 daughters )
    After my maternal uncle’s death out three sons(#) two sons (*) have applied their names in 7/12 extract by applying fer-far process. Out of those two sons (*) one son is holding possession of the land and is extracting the income from the land since 1981. The same is not distributed among the ancestral ( one alive sister and 2 sons and 7 sisters).
    Now the two sons (*) who are having the names on 7/12 extract proposes to sell the land. Whether they can sell the land without permission of all ancestral(Whose names are not recorded in 7/12 extract) . And further whether the ancestral alive sister and 2 sons and 7 sisters can claim their right in the income which one son of expired sister has earned since 1981. If so what is the process. Now if we all wants to update 7/12 extract correctly what is the process.

    ReplyDelete
  99. sir i need your help to know the share in property ...property came from my grandfather to my father and now to my brother name has been registered,, when he was minor my mother was a gardenia for his property,,,and now my mother is expired and my brother is major so is any possibility to get share in that property for me am his one and only sister and am married and i have one daughter even my brother is married with 2 kids ...if any chances please tel me what to do next...

    ReplyDelete
  100. My grand father gave power of attorney of one plot to my brother, later on it was registered in my brother's name. grand father is no more now.
    My question is if my father or me have any right on that property???

    ReplyDelete
  101. Hi,
    I am having a civil doubt. My great grand father has a property in Bangalore. It was transferred to his son and then his childrens name. Now wat happend my grand father died in 2005 and my mother died in 2007. But my Grand mother is still alive. I want to ask that whether i should claim a share or wat is d procedure please let me know how to proceeed this according to shariat law.

    ReplyDelete
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  104. We are planning for disposal of ancestral property. We are hindus. It is planned to settle between brothers and sisters only. Should the grandchildren take a share directly or from the shares of parents?

    ReplyDelete
  105. My grandmother acquired property from her father, and she has written a will giving it entirely to her married son and leaving nothing to 5 daughters who are all married at that time. As now my grandmother is no more, can the daughters and grand daughters claim their share.

    ReplyDelete
  106. When I contected to loacal lawyers of uttrakhand regarding Hindu Sucession Amendment Act 2005( Daughter share in fathers property). they told me there is no such Act in uttrakhand. Then I asked to department of justice ,Government of Uttrakhand through RTI. RTI of uttrakhand governmet sent me the repply in follwoing manners:
    " Hindu Sucession Amendment Act 2005 is applicable all over in India except Jammu and Kashmir.

    What does it mean, can you clearify please.

    ReplyDelete
  107. Hi sir our grand father and grand mothers expried on 2005 my mothers parents they had 2 sons and 4 daughter.and my mother got married oin year 1971 and she expried on 2003 our grand father give all his property to there sons only do we daughter sons will have any rights on our grand father property.now our mamas are dividing on between them .This week can we fail a case against them. Please give reply soon sir.

    ReplyDelete
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  109. can daughters claim the share in ancestral property which is agricultural land

    ReplyDelete
  110. This comment has been removed by the author.

    ReplyDelete
  111. hi
    Please any one answer i heard 1956 after born oly the entitled for the property right ? is it true ? if yes wt about born before 1956 (ie; Dec 1954 ) wil have no right to ask property share? and what are the conditions to claim Ansister Property Share ?

    ReplyDelete