Subha Datta (STudent) 26 June 2016

Property right of daughters

My grand father died in 2000. My grand father had 4 sons and 3 daughters. The sons are enjoying the property and now selling them without informing the daughters. My father wants to give his sisters right but my uncles do not want to give the share of the property to their sisters.

1) do the sisters of my fathers have same right on the property?

2) if so, How can they demand their share legally?

Reply Follow

8 Replies

(Guest)

1) Boys and Girls have equal right , no difference

2) Women can first send Legal notice via advocate

3) Then women should take proper steps like while updating land records etc. their name is inserted

4) Then as situation comes problem should be handled legally .

Subha Datta (STudent) 26 June 2016

But is there any rule that says if father died before 2006 the property rights wont go to the daughters. Only sons have the full right on the property?

adv.raghavan (Advocate,9444674980) 26 June 2016

Yes ,there is supreme court ruling on this.

Subha Datta (STudent) 27 June 2016

Thank you for your reply Mr Raghaban. Can you please tell bit clearly, in this case the daughters have right on their property or not when their father died in the year 2000 ?

JustAdvisor (IT) 27 June 2016

if the property was self acquired and no will was made then Hindu succession act applies in which case sons and daughters share equally (along with grandmother if alive....and in a very unlikely case great grandmother). if property is coparcernary (ancestral) then both father and daughter must be alive after 2005 for daughter to get a share.

JustAdvisor (IT) 27 June 2016

read Prakash and Others vs Phulavati and Others (2016) 2 SCC 36 for ancestral law.

Subha Datta (STudent) 27 June 2016

That means as my grand father and grand mother died in 2000, and the property is ancestral, the sisters of my father wont have any legal right! Is it true?

JustAdvisor (IT) 27 June 2016

from the facts supplied by you i think they may not have. however i would recommend that you show all documents on record to an able counsel in your locality for a guided opinion. what i have not understood here is though where do your interests lie?