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sarvesh (Employed)     24 June 2008

Daughter's right in father's property

Hi

My grand parents have 3 daughters and a son.One of his daughters has been staying with them for the past 23 years with her husband and son.She is not co-operative and has been harassing them for quite a while now.My grand father is somehow against making a will.What are the consequences if he sells the property?Can the daughter claim a right over the property or right on the sale deeds?He is not much willing to give her the share for obvious reasons.What should he do to avoid any further harassment?


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 38 Replies

Guest (n/a)     24 June 2008

yes,She is enttile to have rights & file ojection to sale.

sarvesh (Employed)     24 June 2008

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?

Amitav Lohariwal (CHARTERED ACCOUNTANT)     24 June 2008

So far as my knowledge is concerned she can only claim on the ancesstral property that has been succeeded by your grandfather from his parents/grand parents. She shall have no claim on the properties which have been purchased by your grandfather out of his own fund and he can sell those properties at any time without hinderance of anyone else whatsoever.

sarvesh (Employed)     24 June 2008

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...

podicheti.srinivas (advocate/legal consultant)     25 June 2008

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.

sarvesh (Employed)     25 June 2008

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!!!!

Rohit Krishan Naagpal (Advocate)     25 June 2008

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

sarvesh (Employed)     26 June 2008

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.

Rohit Krishan Naagpal (Advocate)     26 June 2008

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

sarvesh (Employed)     26 June 2008

Hey Rohit


Thanks a lot....

Guest (n/a)     26 June 2008

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. 

sarvesh (Employed)     26 June 2008

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.

Amitav Lohariwal (CHARTERED ACCOUNTANT)     27 June 2008

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.  

sarvesh (Employed)     27 June 2008

Dear Amitav


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


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