Do daughters entitled to property divided after 20th december 2004?
craj
(Querist) 26 February 2015
This query is : Resolved
My father has 2 sons and 5 daughters. I am the younger son. In February 2005, my father divided the property of 6 houses and 9 acres of land. My father took 2 houses where my parents live, 2 houses for me, and 2 houses for my elder brother. My father also took 3 acres of land, 3 acres to me and 3 acres to my brother. The Release Deed (Khulasa Patra in Kannada) was signed by my brother and my father indicating that they have no rights in my property (3 houses and 3 acres of land). As per Hindu Succession (Amendment) Act, 2005, “the daughter by birth shall become a coparcener in her own right in the same manner as a son. Nothing contained in amended Section shall apply to a partition, which has been effected before the 20th day of December 2004.” My question is the following: Since the partition was done and Release Deed was signed and registered in the sub-registrar’s office in February 2005, can my 5 sisters claim for my father’s property? Can they go after my brother’s and my property also? Thanks.
Anirudh
(Expert) 26 February 2015
Whether the properties were self-earned by your father or he got it from his fore-fathers?
In case he got it from his fore-fathers then you have to indicate in detail as to from whom he got it and in which year he got it.
Similarly, you also have to indicate, if the forefather from your father got the property self-earned by him or he got it from some one else. If so the details thereof - like from whom he got and in which year he got it etc.
Only on knowing the above details, one will be in a position to answer your query.
Rajendra K Goyal
(Expert) 26 February 2015
If it was the self earned property of your father he has the right to gift / assign / sell / will / mortgage it as per his wish.
The property which remained in the name of your father can be distributed among all the legal heirs after your father if he does not bequeathed any will.
