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ritu sharma (owner)     06 December 2010

Daughter's right to late father's property

Dear sirs,

My father did not leave any will. Can i claim a portion in the property (land and building) left by him which is now being used by my brother? I am a married Hindu woman.


Thanks a lot for your suggestions.


 15 Replies

R.Ramachandran (Advocate)     06 December 2010

Dear Ritu,

In case your father had not left any WILL, then the property left behind by him will to in equal share to his Class-I Legal heirs i.e. his wife (your mother), son(s) and daughter(s).

You can therefore ask your brother for the share in the property.  In case he refuses to give your share, you have to approach the Court.

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     06 December 2010

Dear Querist,


As per Hindu Succession Act -Section 6-Post Amendment Act 2005, whenever they may have born- They can claim for partition of the property which has not been partitioned earlier.

It may be noted that the aim of the Amendment is to end gender discrimination in Mitakshara coparcenary by including daughters in the system. Mitakshara is one of the two schools of Hindu Law but it prevails in a large part of the country. After this amendment, daughter now has coparcenary rights father's property in equal as the sons have.


Trust this would suffice.

G. ARAVINTHAN (Legal Consultant / Solicitor)     06 December 2010

In the absence of any will, You have equal share as your brother have


You are a first class legal heir.  You can claim partition from the property of your deceased father

arockiam (advocate)     07 December 2010

i agree with the opinion given to by the legal experts earlier. being a first class legal heir u can get a equal share on par with your brothers and sisters.

Amit Bose (Professor)     07 December 2010

Sir ,

                 Does sister's sons is eligible to demand from his (Mother's)Brother

                                                                                                                     Amit Bose 9300799061


R.Ramachandran (Advocate)     07 December 2010

Dear Mr. Amit,

It is not correct on your part to deviate from the original thread.  We have to answer the question posed in the original thread.  One is not supposed to unnecessarily interject and pose completely a different question.

If you have any query to ask, please come in a different thread.

1 Like

prabha mangale (advocate)     08 December 2010


  You can claim partition from the property of your deceased father

Amit Bose (Professor)     08 December 2010

Sir ,

                My Father has a Sister who is already died .Now his son demands share in the House property with the name of his mother .This property is transferred by My grandmother to my Father and My father is the caretaker of the  House fro mthe last 30 years with no Objection from his sister. His son cases against us in the court Now in your opinion what will be the Court decision if all the Documents is with my father.

                                                                      Thank you

                                                                                                                     Amit Bose 9300799061


R.Ramachandran (Advocate)     08 December 2010

Since the property was transferred by your grand mother to your father, your aunt's son cannot stake any claim in it.

SACHIN AGARWAL (ADVOCATE)     09 December 2010

Yes. You can claim partition of youyr share in the proeprty.

raj kumar ji (LAW STUDENT )     09 December 2010


R.Ramachandran (Advocate)     09 December 2010

Dear Mr. Amit,

Now see the utter confusion.  No one really knows whether the answers of Mr. Sachin Agarwal and Mr. Raj Kumar Ji relate to the question posed by Ritu Sharma or Mr. Amit Bose.

The confusion is mainly because you have unnecessarily introduced your query in somebody else's (Ritu Sharma's) query thread.  Further, Mr. Sachin and Mr. Raj do not clearly address the querist but are generally answering.

This is called confusion worst confounded! 

girishankar (manager)     09 December 2010

Where are from {i;e Mumbai ,Chennai , Calcutta } is your mother is there , how many brothers you have is it a dwelling House, when did you get married . when did your father die, These are all the ?????????????

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