rights of daughters where karta died before 2005 in hindu ac

This query is : Resolved 

01 July 2009

My father died in aug 2000 leaving behind a HUF property.Do the daughters in this case have any right on the property.The possession was given to both sons before his death.Both daughters are married long back in 1966 and 1978. please throw some light on this

A V Vishal (Expert)
01 July 2009

Dear Agarwala.

The Hindu Succesion Act was amended in 2005, giving rights of co parcenary to girls in the Father's property, however the same has some exceptions. The daughters can inherit the father's HUF if he expired after Dec 2004 inestate, in your case you have mentioned that the karta passed away in 2000 and both the sons are in possession. In the instant case the daughters have no right of inheritance of the HUF property.

Y V Vishweshwar Rao (Expert)
01 July 2009

The daughters are not entitled for a share as per 1984/1985 and also as per 2004 Amendment Act . Even the father's one third share is also handed over/ made over to his two sons durign his life time -

sanjeev murthy desai (Expert)
01 July 2009

I defer opinion on the above experts. The Co-percenary rights of daughters are confirmed in the year 1989 in AP and Karnataka in 1994. But Hindu Succession (amendment) Act, 2005 which is confirms the birth rights of daughters as like a son in respect of ancestral property, joint family property and co-percenary property.

In case Subbayya joga Naik V/s Narayanai (AIR 2004 KAR, 430) Karnataka High Court held that pertaining to the right of a married daughter, it was held that daughter beaing class I heir entitled for share in the property of father and marriage before 20 years back is immaterial.

sanjeev desai

A V Vishal (Expert)
01 July 2009

Mr Desai

I have replied on the basis on the address of the querist which is displayed on the profile as "jangpura extn. new delhi,
Delhi , Delhi", so I hope you will not differ with me.

a.manoharan (Expert)
02 July 2009

Dear all experts,

Possession doesn't matter here. Because, adverse possession is not applicable against to other legal heirs. But, only against outsiders and third party. If father did not execute any will or Registered Settlement Deed --- that is died intestate -
1. if self acquired property, every legal heir has equal share in total properties.
2. if ancestral property, female legal heir has equal share in father's share of properties as other sons got extra share by birth in addition to his equal share in their father's share in property.

adv. rajeev ( rajoo ) (Expert)
02 July 2009

daghters have got share in the properties.

J K Agrawal (Expert)
06 July 2009

Opps, very different type of opinions are there. I want to add one from me

Before the Hindu Succession (amendment) Act 2005 the daughters were not entitled as Coparcerners but as soon as the property of Coparcenery actually devided and partition took place the property of Father son1 and son2 became their absolute property. Again in 1/3 share of fathers property was liable to be devolved among all sons and daughters. In this example the daughter is entitling to 1/12 th share (1/4 share of 1/3 part) of complete coparcenery property.

Wonderfully after the amendment situation is different. (I suppose that partition was not registered one or by decree of Court)All the property is coparcenery property and before 09-09-2005 there were 2 coparceners and after 09-09-2005 there are 4 coparceners. After 09-09-2005 daughters each entitle to 1/4 part.

anil aggarwala (Querist)
23 July 2011

Kindly throw some light based on the following facts:

Property - In New Delhi
Property type - HUF
Possession - With Sons ( 2 )
Father - Expired in yr 2000
Daughters filed the case - In april 2007 (After the amendment in HSA in 2005)

My Dad had an un-registered will which states that he never wished to give the property/his share to the daughters (Signed by witnesses) and given in the court for probate!

How much share does the daughters (2) hold in the property (if they do at all)?

raj kumar makkad (Expert)
20 May 2012

You have not mentioned the relevance of your father in the given facts, however, I presume that he is out of two sons. You have even not mentioned the nature of the property. I presume it as self acquired property of your grand-father.

In the light of facts mentioned by you read with my presumption of the facts, your aunts are not entitled for the grant of any share in the property left by your grand-father. but will is required to be established/probated for that purpose otherwise the share of your aunts cannot be thrown away,

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