Married daughters rights to father's self acquired property
S Sengupta
(Querist) 18 August 2016
This query is : Resolved
Sir,
Father died in 2000 leaving behind his wife two sons and one daughter. In yr 2000 all were married. Before his demise he had drafted a hand written document in his own writing and in year 2005 on basis of a court settlement we had distributed properties as per his guidelines. His residence in a piece of land measuring about 1.02 acre was divided in four parts--an area of 4000+ sq.ft. in which a Temple built in his lifetime itself and rest area of about 36000 sq.ft to his three issues (including his daughter). Now as my sister lives elsewhere and land in her share is useless unless sold we advised her to sell. Now possibly prime requisite is change in Varasat of Arazi no of house that still stands in Dad's name. Local officials i.e. Lekhpal /Kanungo through medium of local Lawyers have refused saying married daughters cannot get property. I had approached Tehsildar's office and file has been marked for Lekhpal to do the needful. Request for Varasat change is over one yr old and it should have been done in max 2 months. Pls advise what can be done as my sister may refuse to consider my good intentions and think delay is deliberate on my part. Regards, Dr.S.Sengupta.
Devajyoti Barman
(Expert) 18 August 2016
The married daughters can very much get the property if the legal heirs mutually partition the property on the absis of Will as in your case.
So of the concerned officials do not mutate your sister's name then file writ petition in high court.
Your problem would be solved.
Rajendra K Goyal
(Expert) 18 August 2016
Agree with the expert Devajyoti Barman.
Use RTI to get the information of the fate of your application.
Kumar Doab
(Expert) 18 August 2016
The stand of the Lekhpal seems to be erratic.
Agreed with experts.
Ms.Usha Kapoor
(Expert) 19 August 2016
Dear Client,
Since your late father-wrote a will during his life time giving a share in the house to his daughter as well in his self acquired property If you sell the property you are bound to give her 1/5 th share in your father's-property out of sale proceeds. IN case you don't want to sell your father's self acquired property inherited by you all including your married sister she may file a suit for partition and allotment of her share or an equal amount of cash in proportion to her share called Moiety to her.
S Sengupta
(Querist) 19 August 2016
Dear Sirs/ma'am,
Thank U all for taking time out in replying to my query. Already Father's self acquired house & land has been divided between 2 sons & 1 daughter & daughter is also a tax payer for part of house given to her. We all want that she is able to sell her portion as she desires & for this she had requested me for getting her name also entered in register for revenue records which all of it still stands in Dad's name. Lekhpal/Kanungo are the sweet hurdle. U are lawyer's n U can always advise for a filing a case. Is there any other portal of getting things done. Warm regards, Ur harassed club brethren. Dr Sengupta.
S Sengupta
(Querist) 19 August 2016
Dear Sirs/ma'am,
Thank U all for taking time out in replying to my query. Already Father's self acquired house & land has been divided between 2 sons & 1 daughter & daughter is also a tax payer for part of house given to her. We all want that she is able to sell her portion as she desires & for this she had requested me for getting her name also entered in register for revenue records which all of it still stands in Dad's name. Lekhpal/Kanungo are the sweet hurdle. U are lawyer's n U can always advise for a filing a case. Is there any other portal of getting things done. Warm regards, Ur harassed club brethren. Dr Sengupta.
cherukuri prasad
(Expert) 21 August 2016
If the land of your sister is useless, it is not your grievance at all.
advocatepassy@gmail.com 971794
(Expert) 31 August 2016
The behaviour of tehsildar is wrong. Daughters, married or unmarried have now equal right in father's property. In your case, your late father's will is already there to that effect, and you have given her share. Meet a local lawyer and with his help, impress upon the Tehsildar that what unhe is staying is illegal and he can be jailed for not performing his duties
