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Daughter right in property

This query is : Resolved 
 


Querist : Anonymous (Querist)
13 August 2020

Dear Lawyers,

I am Jaat married women from Haryana, My father has some agricultural Land and it is ancestral property.

My Father is Living ( not dead).

So, My Question is-

Can I file a case for my daughter's right in ancestral property while my father( Karta) is living or it is possible after his death only?

I am from haryana and I belong to jaat caste


Dr J C Vashista (Expert)
13 August 2020

You have a right and claim in the property left behind by your grand father which shall be equal to your brother(s), sister(s) and father /mother(if alive).
You will have to file a suit for partition and possession, if your brother(s)/ sister(s)/ father/mother do not give your share to you.

Dr J C Vashista (Expert)
13 August 2020

Ms. Anonymous,
it is advisable to contact and consult a local prudent lawyer for professional guidance and necessary proceeding.
However, if you are located in Delhi/NCR and feel so, may contact me (on appointment) at Chamber No 647, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell # 9891152939 email: majjagdish@yahoo.com

Shilesh Patel (Expert)
13 August 2020

Agreed with Dr.vashista sir.


Querist : Anonymous (Querist)
13 August 2020

Thank you sir,

Sir, I have one more question,

My husband broke up with me, and my father is not allowing me to live in our village home (Ancestral home), he is saying after marriage I do not have any right to live here.

If I forcefully live in our Ancestral home in the village, against the will of my father will it be legal?

For now all the ancestral properties, are in the name of my father( KARTA), it has not been divided among my brothers and sisters..

Advocate Bhartesh goyal (Expert)
13 August 2020

Yes,daughters have equal rights and share in ancestral property.your grand father's agriculture land has not been divided yet.you can claim.partition.

Isaac Gabriel (Expert)
13 August 2020

Better consult local lawyer to.initiate appropriate leagal action.

K.S.Ramaswamy Advocate (Expert)
13 August 2020

Madam You have not told about your year of marriage.

Rajendra K Goyal (Expert)
13 August 2020

Whether you are divorced?

You can file suit for partition and possession of your share in ancestral property. Decision may take time. You can pray court for interim order for stay at your ancestral house.

It seems you are not in good relation with your father, you should try to have amicable settlement with him by throwing away your ego.

Law has limitation, affection from parents has no limitation, mutual understanding required.

If you are employed, try to adjust your life first.

K Rajasekharan (Expert)
13 August 2020

Of course, as advised by some, you have a claim in your ancestral property, as your brother in equal proportion and you can lay claim on your share outright.

To understand the issue better let me explain some details as to how this issue evolved as it exists now.

Till 2005, a married daughter of a Hindu Undivided Family had no right over the ancestral property owned by the joint family.

But since 2005, due to an amendment of the Hindu Succession Act, a woman member of the family has also got a right to the ancestral property as a son /male member has.

Since 2005 amendment, different courts - including the SC - in different judgements came out with contradictory decisions in regard to the retroactive / retrospective operation of the right of the woman in her ancestral property, creating a lot of confusion.

Therefore the Supreme Court on 11th August 2020 (this Tuesday) in Vineeta Sharma v Rakesh Sharma case came out with a three bench judgement to settle the contradictions and confusion.

The judgement says every woman since her birth, though the amendment is in 2005, will be treated as a coparcener as her brother, irrespective of the fact that she is married or unmarried.

And above all, the pending cases in the courts in this regard should be decided within six months in accordance with the present judgement.

Needless to say you have every right to stay in your ancestral family, with due respect to the rights of others.

Please see the judgement at
https://indiankanoon.org/doc/67965481/


P. Venu (Expert)
13 August 2020

Legal provisions apart, the real question is the property ancestral? If not, any suit for partition would be counterproductive, if not disastrous.

The facts posted suggest that the property is not ancestral and as such, your father has the absolute discretion to deal with it during his lifetime.

Dr J C Vashista (Expert)
15 August 2020

You have a right in the ancestral property which includes residential / other house.
If your father do not allow to stay in the house file a suit (civil case) before the Civil Judge of your district/ tehsil of your parental village.

Rajendra K Goyal (Expert)
16 August 2020

Agree with the legal path suggested by the expert Dr. J.C. Vashishta.



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