Share of married daughter on parental property
Querist :
Anonymous
(Querist) 25 August 2011
This query is : Resolved
Dear Experts,
Thank you for the reply to my query made by me on 23/4/2011. I think I could not put my query properly regarding my share on the agricultural which was in the name of my mother.
I am putting it again for your kind suggestions and advice on this issue.
Thanking you,
Yours sincerely
Pramila
Raj Kumar Makkad
(Expert) 25 August 2011
In the light of given facts, you are very well entitled to seek equal share with other coparceners.
R.Ramachandran
(Expert) 25 August 2011
You say that the property was in the name of your mother. The property was your mother's personal property and was not an 'ancestral property'.
Therefore, the 2005 Amendment in the HSA, which relates to "ancestral"/"coparcenary" property has no application to your case.
Since your mother appears to have died without leaving any WILL, her property will go by way of inheritance equally amongst all her legal heirs. Her legal heirs are her son(s) and daughter(s). Every one will get equal share.
If you have not got your share, then you can approach the court of law and stake your claim in case your brothers are not willing to give your share in the normal course.
Querist :
Anonymous
(Querist) 29 August 2011
Dear Experts,
Thank you for the answers.I am bothering you again.I am a married daughter and got married in 1993.I was told that the married daughters have no share on agricultural land.Please arrange to resolve my doubt.
yours sincerely
Pramila
R.Ramachandran
(Expert) 29 August 2011
Dear Ms. Parimala (they why Anonymous?)
You are free to ask as many questions as necessary in order to get solution to your point. There is and there can be no limit for that.
The question of marriage etc., will come into play only in the case of partition of any "ancestral property". In the present case, the property is not at all "ancestral". It was the personal property of your mother.
Thus, as already replied by me, you have equal right / share in the property left behind by your mother. Every one of you will get equal share. If your brother is not willing to give, then you have no other alternative than to approach the court of law. YOU WILL SURELY WIN.
