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Rajan Salvi (Lawyer)     13 March 2012

Daughter's rights in parental property

What are the rights of a hindu women in her parental property if she has married a hindu by vedic rights ( against the wishes of her parents)  if the ancestral property is to be sold by the father/ uncles/brothers and her brothers refuse to give her , her share? What is the remedy available to her? 


 7 Replies

kuldeep kumar (lawyers)     13 March 2012

file a suit 

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     13 March 2012

Daughter is entittle to claim equal share in the share of her father in the ancestral property.

1 Like

basavaraj shiromani (Advocate)     13 March 2012

Information provided is not sufficient to answer and details required.  As per the New amended Hindus Succession act, daughter of a co parcener is entitle to get share equal with her brothers.

1 Like

yes yen (company secretary)     13 March 2012

your presentation of the case is not full or clear.   

Any way, in any ancestral property -( not self earned ) - every member of the family whether son or daughter is having equal rights.   even if any one such member is not alive but grand children are there then those grand children  have the right to inherit that portion in equal proportion.    

But, this is subject to any other linked justifiable litigation.    this cannot be explained now since you have not expressed whether you have any liability towards them in any manner.  

suppose you are lliable / indebted to them for  x amount and your share from property is equal to  or less than that x amount, then they can try for the adjustment-in several ways.    Pl give your case clearly and seek solution. 

1 Like

Dr J C Vashista (Advocate)     14 March 2012

Daughter is one of the coparcener and can seek her share, mandate, injunction in ancestral property as per amendment in Hindu Succession Act, 1955 (amended in 2005).

Advised to engage lawyer and get a stay order before further proceeding.

The issue do not have any bearing on issue of marriage as per her own choice  or arranged.

Rajan Salvi (Lawyer)     17 March 2012

Thanks everybody for the time spent by u all in answering the query. For what reliefs the suit would be.? Can the coparcenars go ahead with the sale without the signature of the daughter and if they do so ,  what is the remedy in law to her? Property is HUF consisting of three brothers, their wives, children, daughters, sons and children of the sons and daughters.

basavaraj shiromani (Advocate)     17 March 2012

She can file a suit for partition wherein she may ask as the sale is not binding upon her share. If it is not time barred, she may asked to set aside the sale deed also

1 Like

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