Kamal Sharma (Manager) 23 April 2013

Daughter's share in ancestral property

Dear Expert Members,

I am a female Hindu from Haryana State, married (1983). We are 5 sisters and 2 brothers. My father is denying me my share of property from the ancestoral property which he received in 1972 from our granfather (Agriculatural land, Plot and house). When I sent the legal notice to him asking my share he immediately transferred all of the property to my 2 brothers through a Release-deed.

Now, they are completely denying me anything and ignored me like I do not exist. Now my father is claiming that this property is his self earned property and he can give it to anybody he wants. He is claiming all this because the property was transferred to him and his two brothers (my uncles) in equal shares by my grandfather via a Decree and judgement in civil suit in 1972. I heard that this was the old rule in which all lands were transferred like this via a decree and civil suit but I am not sure and needs expert advice. One thing is sure that the property is ancestoral for generations and even my grandfather received it from my grandparents.

But, My father is very confident in this and claims that I have no share as he self earned this property so my concern is that did he have done something clever back then by receiving the property via a decree alogn with a civil suit against my grandfather?

Moreover, he claims that he's not "Karta" of the joint hindu family and is not governed by Hindu Law. And, as he is a Jat by caste and governed by customary law of Jats of Distt. Rohtak. This was really a confusing statement by him for me as we are Hindu and I believe the law is not different for Jats or other castes of Hindu and is same for all. Please clarify this if you Experts can?

Finally, Do I have the share in this property or there is any twist in the tale ? Please let me know if there is some legal twist which he can use against me so that I file the suit after full preparation.

Thank you

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2 Replies

Adv k . mahesh (advocate) 23 April 2013

A daughter’s right to the ancestral landed property of her father is recognized when there are no male lineal descendants; nor a widow or a mother of the deceased; nor any near male collateral of the deceased, surviving him

There are four leading canons governing succession to an estate amongst agriculturists. First, than male descendants invariably exclude the widow and all other relations ; second, that when the male line of descendants had died out, it is treated as never having existed, the last male who left descendants being regarded as the proprietors, third, that a right of representation exists, whereby decendants in different degrees from a common ancestor succeed to the share which their immediate ancestor, if alive, would succeed to ; forth, the females other than the widow or mother of the deceased are usually excluded by near male collaterals, an exception being occasionally allowed in favour of daughters or their issue, chiefly amongst tribes that are strictly endogamous.

sub divisions of jats are sandhus,gills,dhillons,randhwas,aulaks,chahis, sindhs,kambhos in all the elder male child will be the majority share and remaining to other sons and accordinly consult a local lawyer who is well aware of the legal aspects of your jats custom so that he will explain in detail