property rights
Querist :
Anonymous
(Querist) 28 June 2011
This query is : Resolved
R/Sirs,
we live in the state of maharashtra. We have ancestral property shared by 3 brothers and 3 sisters and 1 mother. The mother and sisters have transferred power of attorney to the brothers. The elder brother (has 2 sons and 2 daughters, 1 daughter is married)in return (as he is a senior citizen) transferred his power of attorney to his elder son. The property is now being developed by the 2 brothers and the son of elder brother. My question is whether the married daughter can claim equal rights to this developed property by her brother?She got married in 2000.
M.Sheik Mohammed Ali
(Expert) 28 June 2011
no, she cannot claim the share because she had married 2000.
Querist :
Anonymous
(Querist) 28 June 2011
Thank you for the reply but i thought that daughters had equal rights, so why can't she claim one?
Devajyoti Barman
(Expert) 28 June 2011
The daughters have equal rights in the property with the sons.
R.Ramachandran
(Expert) 28 June 2011
Dear Anonymous,
Your post lacks some material particulars.
Please indicate as to on what basis that you say that the property was ancestral property.?
Who was the last holder of that ancestral property?
How did that last holder get that property in his hands? (Was it his self-acquired?) If not from whom did he get that property?
When did that last holder die? What was his family composition?
If the last holder had daughters, whether they were married or unmarried, and if married when did they get married?
Only after knowing the above particulars, a view can be given.
Querist :
Anonymous
(Querist) 30 June 2011
Thank u Ramachandran sir, the ancestral property belonged to Mr. A. The property was divided to his sons B & C respectively. A,B,C all have expired. Son B(died in the year 2006) had wife, 3 sons 3 daughters all of them were married around 1980's. Power of attorney lies with the 3 sons now and the eldest brother has inturn given power of attorney to his elder son and the rest of the question u knw.
R.Ramachandran
(Expert) 30 June 2011
According to you it is an ancestral property, and remained undivided till the year 2006 when Mr. B died. Since the HSA Amendment Act, 2005 has already come into force prior to the death of Mr. B in the year 2006, all the three daughters are also coparcenars having equal right as the sons in the family. As such, all the 7 members i.e. your mother, three sons and three daughters will have equal share in the property. Every one can claim (including the daughters whether married or not, whether married in 1980 or in 2000 it makes no difference) their share in the property. They all will definitely get their share. If share is not given, then they have to approach the court of law and they will win hands down.
