Daughter's right in father's property

Hi Asgher

Thanks for the prompt reply.Isn't there any way out.Say if he makes a will and does not let her claim that?or something on those lines?

It was an ancestral property which was converted later on.It was converted to his name after he gave his brothers the share in it.Now its wholly and sloely his property.Can she claim it against his will to give any shre to her???She might go in the court of law too if this could be possible...

as you have said that the property is ancestral property she has every right as like as your mother in the property .she is entitled for her share .if at all you sell the proprty also she can claim her share through court  and she will suceed in the case only thing is that she has to prove before the court that the property is ancestral property and she is the daughter of your grand father, even after the sale  also  she can clim as she is not a party to the sale of the property as the transaction was done behind her back the same is not binding on her.

Hi srinivas

Thanks for the insight and guidance.But the property has been transferred to my grand father now.He has given the share to his siblings and they do not have any right in the property.Will this affect the transaction further???I am thoroughly confused!!!!

As per my knowledge a will is possibe for anscetral property ! will give u the citation

Hi Rohit

Thanks for the help.It is not an ancestral property anymore.Recently I have learnt that there is a will and its in my grand mothers name.So is it upto her whether to allow the daughter any rights in the property?She would not want to for sure.

If there is will then the beneficary can dispose off the property according to his own violtion and choice!

Hey Rohit

Thanks a lot....

If your father belongs to mitakshara school of law under Hindu Act, than he cannot make will in respect of ancesstral properties and every co-parcener has equal right to the properties succeeded. However, if his daughter has got married before 2005 when the amendment came in the Hindu Law wherein daughters have also included as coparcenary members of the Hindu Undivided Family, then she shall have no claim in the propery succeded and she can only be the member of HUF belonging to her Husband. 

Dear Amitav

I dont know to which school my father belongs to.However this is not related to my father but my grand-father.I don't know to which school he belongs to either!!!My aunt that is his daughter has been married for the past 28 years and has been stayin with my grand parents for the past 24 years..Thats what I thought was the problem.

Even if she resides with your grandfather, she has no right over the properties of your grand father as she had got married before 2005 amendment in the hindu Law. Only Bengalis & Assames does not belong to mitakshara school of law. All other casts belongs to mitakshara School of law. Your grandfather has every right to dispose off the property in any maneer as he deems fit.  

Dear Amitav

Thank you for ur help......:)