Daughter's percentage of share in father property
raj
(Querist) 22 July 2012
This query is : Resolved
Hello guys,
in below scenario what would be the sharing percentage of daughters ?
my grand father passed away in 1999. and there is no will written by him. my all 3 aunties get married in 1975, 1993, 1997 respectively and now they are asking for their shares in property (equal share).
we are hindu living in maharastra.
thanks and regards
Adv Archana Deshmukh
(Expert) 22 July 2012
Your aunties being the class I heirs of your grand father have equal share in his property along with their brothers and your grandmother.
Anirudh
(Expert) 23 July 2012
You have to first indicate some details about the property like - Whether your grandfather purchased it himself?
Or how that property came to your grandfather's hands?
If the property came to his hands from his father etc., then you have to indicate the relevant years when he got it/inherited.
M V Gupta
(Expert) 23 July 2012
Dear Mr. Raj, Can think of a more respectable word than "guys" to address the experts on this web site? As regards ur query, MS. Archana has given the correct legal position. The position will hold good whether the property is self acquired or ancestral in the hands of your GF.
raj
(Querist) 24 July 2012
first of thanks for the reply, actually I am still confused. In which case they (my aunties) not eligible for equal share ?
somewhere I read daughter's equal share right comes only after 2004 that's why I mention all detail here (marriage year, GF's death year).
M V Gupta
(Expert) 24 July 2012
Under the Hindu Succession Act, 1956 sons and daughters ,grand sons and grand daughters, wife, husband, are classified as class I heirs to the property of a dceased HIndu, and have equal share in the property left behind by the deceased person. Until 2005 daughters did not have an independent right to demand partition if the male members of the family did not want. Now the Act has been amended in 2005 to confer such rights to the daughters also.
raj
(Querist) 25 July 2012
Thanks Gupta sir,
as you said " Until 2005 daughters did not have an independent right to demand partition if the male members of the family did not want. Now the Act has been amended in 2005 to confer such rights to the daughters also. "
It means daughters can demand for equal share only after 2005(because amended made in 2005 so this should applied after 2005) is this ?
this is still confusing for me, law change in 2005 so how can my aunties claim for equal share ? (their marriage and GF's death both before 2005).
put some more light here so I can understand easily(in simple word because I don't know anything about law and its terminology).
Thanks all of you for giving your valuable time and opinion.
M V Gupta
(Expert) 26 July 2012
Right to equal share was there from the beginning of passing of the HS Act in 1956. What was not there and now conferred is the right to demand partition, whether the male members are willing for it or not. Hope this clarifies ur doubts.
