Dear Sir,

My father has self earned property (both agri land and house). My father have 4 sons and 1 daughter. He already gave some of his agri land to my 4 brothers by gift. He didn't give anything for me because I'm girl. What I have to do get my shares for those land given as gift to my 4 brothers.

Also what I have to do get shares in remaining land and house which was not given to my brothers?

My mother has property which was given by her father-in-law as gift to her. Can I know who has right on her property? both my brothers & I or only me?

Pls advise.

Thanks.

1. The property being self acquired - your father CAN gift it to whosoever he likes, the gift in favour of your brothers stays valid. However you can try impressing the property with character of ancestral property - to embroil it into litigation - and get a stay - but this can be done only if we can prove that property has some ancestral funds applied in acquiring it.

2. The gifted property of your mother is her absolute property and nobody including your brothers have any right. Your mother can exclude all or some by a gift/sale/will. 

1. Since the property is self earned by your father he is at liberty to gift/will it to anyone he desires. The gift made in favour of your brothers irreversibly extinguishes all your rights in the property. In my considered opinion, it would be futile to launch a litigation to impress the property with ancestral property. It will result only in colossal watsage of time and money, hence should be avoided. The writing is on the wall for you, accept it.

2. The above proposition holds equally true for the property in the hands of your mother. It belongs exclusively to her.

Dear Sirs.

Thanks for the reply.

Dear Sirs,

I have query on this. if we go by your reply. what is the meaning of "Hindu Succession (Amendment) Act, 2005". Pls refer below. 

Hindu woman entitled to equal property rights: Supreme Court

A Hindu woman or girl will have equal property rights along with other male relatives for any partition made in intestate succession after September 2005, the Supreme Court has ruled.

A bench of justices R. M. Lodha and Jagdish Singh Khehar in a judgment said that under the Hindu Succession (Amendment) Act, 2005, the daughters are entitled to equal inheritance rights along with other male siblings, which was not available to them prior to the amendment.

The apex court said the female inheritors would not only have the succession rights but also the same liabilities fastened on the property along with the male members.

“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 September 9, 2005. The legislature has now conferred substantive right in favour of the daughters.

“According to the new Section 6, the daughter of a coparcener becomes a coparcener by birth in her own rights and liabilities in the same manner as the son. The declaration in Section 6 that the daughter of the coparcener shall have same rights and liabilities in the coparcenary property as she would have been a son is unambiguous and unequivocal,”Justice Lodha, writing the judgment, said.

The term coparcener refers to the equal inheritance right of a person in a property.

The apex court passed the ruling while upholding the appeal filed by Ganduri Koteshwaramma, daughter of late Chakiri Venkata Swamy, challenging the Andhra Pradesh High Court’s decision not to recognise equal property rights of women along with their male siblings.

Dear Sirs,

I have query on this. if we go by your reply. what is the meaning of "Hindu Succession (Amendment) Act, 2005". Pls refer below. 

Hindu woman entitled to equal property rights: Supreme Court

A Hindu woman or girl will have equal property rights along with other male relatives for any partition made in intestate succession after September 2005, the Supreme Court has ruled.

A bench of justices R. M. Lodha and Jagdish Singh Khehar in a judgment said that under the Hindu Succession (Amendment) Act, 2005, the daughters are entitled to equal inheritance rights along with other male siblings, which was not available to them prior to the amendment.

The apex court said the female inheritors would not only have the succession rights but also the same liabilities fastened on the property along with the male members.

“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 September 9, 2005. The legislature has now conferred substantive right in favour of the daughters.

“According to the new Section 6, the daughter of a coparcener becomes a coparcener by birth in her own rights and liabilities in the same manner as the son. The declaration in Section 6 that the daughter of the coparcener shall have same rights and liabilities in the coparcenary property as she would have been a son is unambiguous and unequivocal,”Justice Lodha, writing the judgment, said.

The term coparcener refers to the equal inheritance right of a person in a property.