Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Anandakumara MB (Lawyer)     03 November 2009

daughter rights on ansetral and self property of her father

The married daughter can hold a right on the ancestral property and self acquired by her father. The marriage was done 40yrs ago and her brothers have mutated and enjoying the property with out her knowledge. The daughter can challenge the partition mutation done be her brothers???



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 13 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     03 November 2009

If the father of the daughter had expired 40 years ago, where was she during this whole period. She might be in  her personal knowledge that her father left such and such property which has been duly mutated in favour of her brothers. I think definitely the limitations shall come in her ay to agitate legally.

Suchitra. S (Advocate)     03 November 2009

Sir, she married 40yrs back. Ther is no mention of her father's death...

Anandakumara MB (Lawyer)     03 November 2009

Whether she has the rights over the property of her father’s self and ancestral property?

Any limitation to apply the partition od her father property??

Suchitra. S (Advocate)     03 November 2009

Sir, I know she doesnt have any right over his father's self earned property for sure. I am apprehensive about ancestral property as she has married 40yrs back and we hv to look into limitation period. Let me know what others hv to say.

Hemant Narayan Gokhale (Advocate)     07 November 2009

she must have right in the ancesteral property of her fater compare to self acquired property by her father.

K. Rajendra Prakash (Advocate)     09 November 2009

Hindu Succession (Amendment)Act 2005 removed gender discrimination. Daughter is entitled to ancestral property as a co-parcenar. However, this depends on the date of the death of the father.  Property partitioned or alienated prior to 20.12.2004 cannot be invalidated.  The issue of succession arises on the date of the death of the father.  If the fatehr died prior to the commencement of the Act, the Act has no meaning at all. In my opinion,  there is no meaning in agetating legally after a lapse of 40 years.

H.D.Kumaravelu (Advocate)     12 November 2009

Sir,

The sons have mutated amongst themself without the knowledge of thier sister. Sister being a co-owner is entitled to her 1/3rd share if both her parents are dead. She has to file a regular suit for partition and seperate possession. She is legally entitled to her legitimate share. 

Ram (Practice)     13 November 2009

Sir

As per HSA ( amendment act) in states in south India , married dayghters and partition occur earlier  are valid . Since the mutation occured in the name her brother much earlier to this amendment. Even HSA 2005 will not control this mutation. Hence daughter can't claim this property . But they can seek equa or some compensation ( not as claiming as her share)  amount from her brother ( which is his willingness) on humanitarian aspects and as per blood relation which he normally considered

K. Rajendra Prakash (Advocate)     13 November 2009

 

Mr. Makkad, what is your opinion?  Kindly respond.

 

Hindu Succession (Amendment)Act 2005 removed gender discrimination. Daughter is entitled to ancestral property as a co-parcenar. However, this depends on the date of the death of the father.  Property partitioned or alienated prior to 20.12.2004 cannot be invalidated.  The issue of succession arises on the date of the death of the father.  If the fatehr died prior to the commencement of the Act, the Act has no meaning at all.  How can a daughter(who's father died in 1961) file a suit for partition claiming a share in the property which was already alienated prior to 20.12.2004 that too after obtaining decree from the Court.

william lobo (consultants for electrical projects)     14 November 2009

But can the daughter take up more than 1/3rd. In our case my sister has taken 4.4 gunthas of the 10 gunthas property. My eldest brother got 2.95 guntha and myself got only 2.8 guntha. Is this right. What can be done now to rectify the same. Also the will of my mother was not executed. The original will is lying with my sister.

Hemant Narayan Gokhale (Advocate)     15 November 2009

No, Daughter not entitle to have more share as described and it is most essential to challange the will in competentant Court .

Ram (Practice)     16 November 2009

Mr RajendraPrakash and Hemant Narayan advise is absolutely correct and it is same as what i advised . So daughters can't claim the property and mutation is old and activation of will came into picture much before HSA 2005 and HSA state amemdment. No act will control this.  If it happens and court wants to consider the case  , so many litigation will araise and fill up the court  for which Law and order will not agree

Vineet (Director)     16 November 2009

What is the limitation period in this case as referred by Mr Makkad.


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