Daughters' rights on partition under hindu succession act,1956
Prabodh Kumar Acharya
(Querist) 16 September 2016
This query is : Resolved
Father died in 1992, long before the Hindu Succession Amendment Act,1956, leaving behind his self-acquired house used for homestead purpose, in which his five sons are staying and enjoying jointly from their birth to till date and using the house for homestead purpose. Three daughters married long before 1971, with having their own houses and properties from their husbands' side with very well established financial background/conditions. Now, the sons want to make partition of the said house left by their father, who died in 1992. Is there any right of the daughters to claim share from it ??? What are the guiding principles under Hindu Law, as far as the applicability of the Hindu Succession Amendment Act,1956, in the facts & circumstances of this case??? Question asked by a male coparcenor from Son's side. He does not want to give share to the Daughters'. What is the law to prohibit the Daughters' to take share???
Kumar Doab
(Expert) 16 September 2016
Succession opens on date of death.
The property is self acquired.
There is equal rights to daughters.
Kappil Cchandna
(Expert) 16 September 2016
Sir,
You can refer my article at https://kapilchandnaadvocate.wordpress.com/
Warm Regards
Kapil Chandna Advocate
9899011450
Advocate Bhartesh goyal
(Expert) 17 September 2016
In fathers self acquired property,daughters have equal rights and shares.
Rajendra K Goyal
(Expert) 17 September 2016
Daughters have share in the self acquired property of their father.
Try to have amicable settlement.
Raj Kumar Makkad
(Expert) 18 September 2016
The succession shall be inherited in 8 equal shares (I presume the wife of deceased is predeceased). The daughters cannot be deprived from their equal share in the property.
Guest
(Expert) 18 September 2016
Well advised.
Prabodh Kumar Acharya
(Querist) 23 September 2016
I agree with all of you, but the problem is something other involving the point of law i.e. Hindu Law, which I could not cull out, hence, need your help..
1. What will be the status of the father's self-acquired property, after his death??? Whether, the property remains self-acquired till the father is alive & becomes ancestral after his death???
2. Whether it becomes ancestral property for his legal heirs???
3. As per Hindu Law, the properties belonging to 3-degrees above i.e. father, grand-father & great-grand-father, are said to be ancestral properties. If so, then, whether, the self-acquired property of the father, becomes ancestral property after his death???
4. If not, then what is the point of law involved with it???
5. If yes, then, whether, the Hindu Succession (Amendment) Act, 2005, is applicable to the legal heirs, whose father died long since 1992.
6. Whether, the concept of the Judgment of the Supreme Court, declaring equal rights for the daughters in the ancestral property is applicable in the facts & circumstances of this particular case???
7. Whether, after the death of the father, his self-acquired property, remains self-acquired or becomes ancestral???
Please, help me by answering these questions..
Kumar Doab
(Expert) 23 September 2016
In your 1st query; you have posted that it is self acquired property of the father.
You have cited: Hindu Succession Act, 1956, Hindu Succession (Amendment) Act, 2005
and you have been duly replied in reference to both.
You have already found your answers in point;3 of your last post.
Guest
(Expert) 23 September 2016
Dear Shri Prabodh Kumar Acharya,
Although your query was purely of academic nature, but still the experts accommodated you with their response on your originally discussed problem.
Your agreement or disagreement was not relevant for the experts, rather your own concern with the problem was quite desirable to be stated by you before putting plethora of supplementary questions and the purpose thereof, which you have not stated so far.
Question of law on your 7 points becomes relevant only when you introduce appropriately about yourself with particular reference to the problem, your relation with the legal heirs, and the relevance of asking 24 years old problem now in 2016.
PLEASE CLARIFY YOUR POSITION APPROPRIATELY. Your one week old joining with blank profile at LCI does not speak anything about you.
To be frank, I don't have any doubt about your query to be an academic query. That is revealed more clearly from your 7 supplementary questions.
Rajendra K Goyal
(Expert) 23 September 2016
Agree with the advice from expert P.S. Dhingra ji.
Kumar Doab
(Expert) 23 September 2016
I too concur with illustration by Expert Shri P.S.Dhingra.
Prabodh Kumar Acharya
(Querist) 23 September 2016
Dear Mr.P.S. Dhingra ji,
Perhaps you are now well aware about my position..obviously I am a Lawyer and my identity is now available to all in this forum.
I know, my agreement or disagreement does not having any relevancy for you, but the cause of putting plethora of questions is, to get a pertinent answer, because this is my own problem and I am one of the coparcenors to my grand-father who died in 1992. My three Aunts, four uncles and my father are the legal heirs of my grand-father. My Aunts married before 1971 having their own properties from their husbands' side. This self-acquired house of my grand-father is being exclusively used by his five sons and their family members for homestead purpose, long since 1992. Now, if the Partition is made to this self-acquired house of my grand-father, can his daughters' claim share from it?? Whether this self-acquired house becomes ancestral or remain self-acquired after the death of my grand-father. I want to know, what is the position of law regarding this???
Guest
(Expert) 23 September 2016
Prabodh dear, mere mention of Advocate / Lawyer in the profile to fill in the blank to extract reply to your academic query does not suffice to convince anyone.
At first, any person when registers himself, does make a mention in which capacity he would like to be known by the viewers.
Moreover, you have not introduced yourself as a lawyer, even at the time of posting your query and also for what purpose you wanted to ask your questions. You put straight questions, as if you were putting like a law student or an examiner to his students, using third person language.
Anyway, the character of your query has still not changed from the category of an academic query even after your clarification. Moreover, a question, "Whether this self-acquired house becomes ancestral or remain self-acquired after the death of my grand-father," cannot be from a lawyer, if he has read the trasfer of property act, while he refers the amendment act of 2005.
You have still showed your intention to get generic information, without specifying the exact problem, if you have faced any, why you want distinction between the self acquired property or ancestral property. You have not clarified, why the information is being sought even after the lapse of 24 years after the death of the father.
If you are really an advocate and it is really your own problem, I would like to advise you in your own personal interest, to read the the act with amendments thoroughly, make your own opinion to form some concept. But still you get some doubt even in your own interpretation of law, only then come forward to clear that doubt, but with your own logic, why you think otherwise.
Sorry to say, I don't relish imparting tutorials on academic type of questions.
Prabodh Kumar Acharya
(Querist) 23 September 2016
Dear Mr. P.S. Dhingra Ji,
Perhaps you don't know, that, A Lawyer is a student till he dies. Once he considers himself not a student anymore, then the lawyer inside him dies.
My queries, were not particularly to you, rather it was to the forum of experts as well. Why you came forward to answer my queries, with such egoistic and ambiguous replies?? There are other experts in this forum, but they did not reply like you.
If you feel difficulties to answer my queries, then I also don't want your unwanted, irrelevant and egoistic replies.
"Lawyers Club India" is an interactive platform for lawyers and Indian public, which is a common platform, where the people from everywhere can share their legal views and opinions, while answering to queries with legal issues.
One should not behave like you, while answering queries, rather he should keep himself silent, if he don't know the answer.
Perhaps you don't know minimum etiquette, how to deal with others.
My identity as an Advocate is enough for you. There is no requirement of any proof and also you are least concerned to put forth these questions to me.
You are only concerned to answer my queries with genuineness involving point of law. I don't need unwanted and ambiguous replies from you any more. Better you keep yourself silent.
Guest
(Expert) 24 September 2016
Mr. Acharya,
Sure, you can live with your own assunptions, presumptions and perceptions. Nothing affects me. But, of course, your own knowledge and talent, as a lawyer, becomes questionable.
When you got the response to your original query as a solution to your problem, for a lawyer, what was the justification to put several question, as if you are just a layman, not a lawyer. As a lawyer can you justify, why 100% spoon feeding is justified to be expected by you. Can't you interpret law, as a lawyer? If a lawyer don't have even elementary knowledge, he could well judge for himself where does he stands in the class of lawyers and how much he could deliver to his clients?
If you really had any problem and you had several such doubts, as expressed later through your 7 questions, the qiestion arises, what restrained you not to include those questions along with your original query, so that the experts could give a thought in view of the totality of your problem?
Can you justify the following questions of yours to be from a lawyer:
1. What will be the status of the father's self-acquired property, after his death??? Whether, the property remains self-acquired till the father is alive & becomes ancestral after his death???
2. Whether it becomes ancestral property for his legal heirs???
3. As per Hindu Law, the properties belonging to 3-degrees above i.e. father, grand-father & great-grand-father, are said to be ancestral properties. If so, then, whether, the self-acquired property of the father, becomes ancestral property after his death???
4. If not, then what is the point of law involved with it???
5. If yes, then, whether, the Hindu Succession (Amendment) Act, 2005, is applicable to the legal heirs, whose father died long since 1992.
6. Whether, the concept of the Judgment of the Supreme Court, declaring equal rights for the daughters in the ancestral property is applicable in the facts & circumstances of this particular case???
7. Whether, after the death of the father, his self-acquired property, remains self-acquired or becomes ancestral???
In fact, you have the need to take readmission in a law school, if you don't have even raw knowledge of law.
As a lawyer, had you any doubt on the advice of the members, about all those 7 questions, you could have expressed your own views first to get them trreviewed from the experts to find qualitative inputs from them.
Ot was not difficult for me to answer your queries, but I don't prefer to impart tutorials to people like you. Contrarily, you have got difficulties to answer my qustions, particularly your justification for raising such a problem after 24 years of its existence, as you failed to give any answer to my questions. YOU CAN WELL JUDGE YOUR OWN CAPABILITY AS A LAWYER, IF THE PROBLEM PERSISTED FOR ALL THE LAST 24 YEARS, EVEN AFTER YOUR BECOMING A LAWYER????? That gives a clear message to the readers how much and what kind of talent you possess, as a lawyer. IN FACT, YOU HAVE EXPOSED YOURSELF ABUNDANTLY ABOUT YOUR IGNORANCE THROUGH YOUR OWN REACTIONS.
Had that problem be there to be faced, you could well have concentrated to find answers to your doubts even during your long study period in the law school, where had abundant of facilities, like law teachers, library, class fellows and your seniors, to find answers to your questions very easily. DO YOU HAVE ANY JUSTIFICATION FOR NOT DOING SO EVEN DURING YOUR STUDIES AS A LAW STUDENT?
IN FACT YOUR ALLEGATION IS NOTHING EXCEPT TO EVADE REPLIES TO MY QUESTIONS.
Don't you feel that you have totally failed to justify yourself and your questions?
Prabodh Kumar Acharya
(Querist) 24 September 2016
Mr. Dhingra,
Perhaps you directly became a lawyer without studying LL.B. in a law school. That's why you are repeatedly raising this question before me.
I am LL.M. Topper from Utkal University, Bhubaneswar & I know how to solve my own problem.
Moreover, I have also 14 to 15 years of practice experience, but still I feel it is worth for me to learn from others, because the law is nothing but an ocean. The more you analyse, the more you will be an expert.
Within a short time I am going to file a Suit for Partition, that's why, I want to be confident much before, about the position of law involving my problem.
Because, learning is a continuous process in this profession, just for that, I want to be clarified from other experts in this interactive platform.
I think, it is not an offence, to get such type of behavior from you.
While other members replied with pertinent answers, that I may accept or not, but, I can't understand, why are you so reactive towards me, with such animosity??
Now, I got confident about you that truly you are not an expert..and you don't know any thing about law.
You live in your egoistic, valueless, animus and rubbish replies to others, which I don't need at all.
Very ridiculously, I appreciate your versatile qualities and experience in the field of law and advise you to keep it within yourself. I have never invited you particularly to answer my queries.
But now..it is too much. you are an unwanted entrant for me in this interactive platform.
Once, I replied you that, I don't need your rubbish replies, and you keep yourself silent, why are you again and again trying to interfering with me.
Perhaps, you think yourself as a genius and nobody is above you. Why are you so eager to know about my profile, when you have not added your photo in your profile, which is the first identity of a person??
What is the problem with you??? What do you think yourself???
Once again I am reiterating, that you are an unwanted entrant for me, to give any reply to my problems. You should keep yourself silent without quarreling with me.
Guest
(Expert) 24 September 2016
I am delighted to note your statement, "I know how to solve my own problem." But the evidence (your own description) here, itsel, reveals that you have utterly failed to solve your own problem, even being an LLM qualified lawyer.
Raj Kumar Makkad
(Expert) 24 September 2016
Mr. Acharya! It is very painful to read the words and the language you used for a seasoned legal expert of the country who is relentlessly contributing on this site without having his own interest in this old age.
I make it clear that this section of the site is not meant for the interactive conversation on law. Forum section is meant for that purpose.
We in this section devote our valuable time and energy for charity purpose for the persons who either cannot afford to engage lawyers like you or they feel difficulty despite of engaging lawyers.
We here provide just workable knowledge to the problem and do not provide judgments/citations/notifications/performas etc. Even we don't attend the commercial queries.
Seasoned lawyers like you even otherwise should not have necessity to gain workable knowledge of law. You are very senior and having vast experience to such an extent that you may challenge to the authority of the persons having stature like your father. Congratulations for attaining and gaining such expertise especially knowing your ethnicity from the Land of Ashoka and Bhagwan Jagganath.
I can just pay good wishes for your coming life and also pray at the same time for the litigants who shall be dealt by you in your professional life being your clients.
Rajendra K Goyal
(Expert) 24 September 2016
I too stand with the views from expert raj kumar makkad.
