Raj (system admin) 29 August 2014

heirs of daughters rights

My grandpaa died (around 1965) intestate. After that only my uncle's name was updated on 7/12 as a kutumbpramukh (head of family) as rest two(my father and my aunt) were minor) so in varas tapas register there are total three names (my uncle , my aunt and my father) Later on in 1980 my aunt (she is married and having 3 daughters) died.... there is no will neither partition has been taken place at the time of her death.. In 2014 my father asked for the partition, we were in process of the same and suddenly childerns of my aunt came and started demanding their moms share in the property I have heard that as per 1956 hindu succession act a daughter was not a coparcener by birth, and also if she is married prior to 1994 she will not hav property rights on her fathers property.. her heir's only get share in parental property of a daughyer if she would have alive at 2005 when the amendment has taken place By reading all these at Various place i just confuse over one thing do my aunts childs have right in a property if their mom was died in 1980 prior to all this amendments of 1994 and 2005 in maharashtra????

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3 Replies

sparrow (Apprentice) 30 August 2014

As far as Hindu Succession act is concerned daughters of your aunt have full right to claim share in joint property, if till 2014 no partition has taken place - this is due to the 2005 amendment of sec 6 of Hindu Succession act - had your property been partitioned before 20 dec 2004 through a registered deed than their claim would have no legal validity, but absence of any such situation their right is valid

Raj (system admin) 30 August 2014

Thank you for quick reply Just one query of daugter is married prior to the death of her father then also she has property rights as per 1956 successio act (pre amendment)

arjun k (t) 31 August 2014

i want to know about how to file a partition suit. my father died one year back. my mother is there,and we are 3 daughters and 2 son's of my father , as my father's legal heirs. it's all my father's hard earned property, which my mother my younger sister are trying to make it their own- is it possible for them to make it in their name, now firstly they are trying to make it into my mother's name and then my mother will transfer into younger sister's name that's their plan. Out of my 2 brother's one brother is dead , leaving back his wife and 3 small children.

Will all of us have equal rights in my father's property or will my mother and younger sister decieve us.?

what to do to go for a partition ??

please this all and also please tell me how to file a partition suit and what are the procedures and what all documents should be there to suit partition ???