Right of a hindu married daughter on a property inherited by her father, owned by her grandfatherer
Gautam Banerjee
(Querist) 09 June 2013
This query is : Resolved
My Grandfather purchased a plot of land from Govt. on 999 years lease & built a house. He dies surviving his wife, ONE MARRIED DAUGHTER (died as 2nd wife of her husband and husband also died without any issue of her own but husband has issues of his 1st wife) and TWO SONS. After my grandfather dies, property has been muted in favor of three successors (Elder Son, Daughter & Younger Son).
Both, my Father & my Uncle has issues of one Son & One daughter each, all are married. My father is elder brother & my mother alive. I am his only daughter. Now my question is can I get a share of the property in absence of my father? Can he make a WILL in favor of my brother depriving me?
We, two cousin sisters didn't claimed so far but nor we ignored to get a share. If they invite to develop the property - do we have any say with any proposal from the Promoter?
Please help me.
J K Agrawal
(Expert) 09 June 2013
Your bhua died issueless so her husband or siblings of him has no right in property.
So shares should be only two.
After amendment in 2005 of HSA a daughter
J K Agrawal
(Expert) 09 June 2013
After 2005 amendment, daughter is coparcener and having right by birth.
prabhakar singh
(Expert) 09 June 2013
Your name suggests you are from Dayabhaga school and not from Mitakshara school of succession.
There is no coparcenary concept followed by Dayabhaga school hence your father can discord you legally and as of right if he so chooses.
My ANSWER TO YOUR QUESTION" Can he(your father) make a WILL in favor of my brother depriving me?" WOULD BE IN AFFIRMATIVE.NO MATTER WHO SAYS WHAT AND WHO AGREES WITH WHOM.???? I am very firm about my OPINION.
prabhakar singh
(Expert) 09 June 2013
I see mr. Baraman is online.
What would be your opinion to this query.???
