Right of daughters in ancestrol property
Ankur Agrawal
(Querist) 27 December 2009
This query is : Resolved
My grandfather and his brother partitioned the ancestrol property in India during the year 1990.In the partition deed the 3 sons (all married before 1990 ) and my grandmother was also added as party along with my grandfather.The 4 daughters (all married before 1990 ) were not added as a party .My grandmother died in the year 1996 and my grandfather died in the year 2000.I want to know the share of the 4 daughters .Do they have the right to get equal share in whole property?
A V Vishal
(Expert) 27 December 2009
No the 4 daughters has no share in the ancestral property since the partition of the property was done prior to the amendment of the HSA in 2005. Further the status of the share of your grandparents is unclear in your query, have the grandparents willed there share of property in any way is to be clarified.
adv. rajeev ( rajoo )
(Expert) 28 December 2009
It is already answered. I do not agree with Vishal. Even though partition is done before 2005 but the act says such partition should be regd., then only daughters will have no share.
Ashok Yadav
(Expert) 29 December 2009
If the property was mutated (in revenue records)in their names before amendment of 2005, then the daughters have no right in that property, but if it was not mutated in their names then the daughters have full right in that property.
