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Daughters right over fathers property with out a will

(Querist) 25 June 2009 This query is : Resolved 
Dear Sir

I am Asha Dayananda and married during May 1979. My sister got married during June 1988.

My father died during 1989. He left his wife, three sons and two daughters. One of the son is of 1st wife who died long back and others ( 2 sons and 2 daughters) are from the second wife. All the sons and daughters are married.

My father has a property (HOUSE) at Tumkur, Karnataka State, India. This property is self acquired. My father has not made a will. The building has ground and first floor. At present, my younger brother with his family is staying along with my mother. My elder brother with his family is staying in the first floor. The other brother is working and staying at Canada with his family.

My brothers who are staying in the above said house are planning to divide the above said property among them only. They are of the view that the daughters and wife have no rights over the above said property.

Please clarify whether the second wife and daughters have a right/share over the above said property.

What are a daughter’s rights over her father’s self acquired property (house) with out a will ?


Asha Dayananda
Jayashree Hariharan (Expert) 25 June 2009
Hi Ms. Asha,

Children of the second wife have share in father's property as per Hindu Law. Daughters have right over father's property as per the amendment of the Act.

Second wife is legally wedded wife, so she has a share, as far as my knowledge goes.

As far as you are concerned, father's property is ancestral property. He has not left a Will also. So though it is self acquired property, it is equally distributable, as there is no Will.
adv. rajeev ( rajoo ) (Expert) 26 June 2009
When there is no will and the properties are of ur father's so everybody has got equal share.
Uma parameswaran (Expert) 26 June 2009
Your brother could not alienate the property by himself .I am supporting the answers given by L friends.
Y V Vishweshwar Rao (Expert) 29 June 2009
The House Property is Self Acquired property of your father . Your mother sisters & brothers are equally entitled a share in the self acquired proerty of your father !

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