Ancestral property rights for daughter
Aruna
(Querist) 25 March 2012
This query is : Resolved
Sir,
My mother is the only daughter with six brothers. Her father expired when she was five years old. No brother of her was a major at that time. She was married in the year 1981. Now after her mother expired there was a family problem and now her brothers are trying to sell the property without giving a share to her, saying that she was a minor at the time of the death of her father and they have spent money for her marriage. I would like to know that if she could get a share equal to her brothers'. What should be done to get her share?
SAINATH DEVALLA
(Expert) 26 March 2012
Dear Aruna,
Daughter's have an equal right to their parents property.Nobody can object it.Whether she was a minor at the time of her parents death does not arise at all.
The Hindu Succession(Amendment)Act 2005(39 of 2005) came into force on 9th september 2005.The amendment removes gender discreminatory provisions in the Hindu Succession Act,1956.
Anirudh
(Expert) 26 March 2012
Dear Aruna,
You have to indicate the State in which the Property is located.
Further on what basis you say that the property was 'ancestral'?
How did your mother's father get that property - whether he self-acquired it or he got it from his father?
If he got it from his father, in which year he got it from his father.
On knowing getting the information from you, I will try to give my view on your query.
