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sankar (Manager)     14 October 2011

Daughters share in ancestral property

My grand father had 12 acres of land and it was partitioned between my father and his brother after his death. So my father was enjoying is share of 6 acres and died intestate. I have 2 sisters who got married in 1970 and a brother. I would like to know the rights of my sisters in the property.  We are Hindus and from tamil nadu.


 8 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     14 October 2011

You have not mentioned about your mother whether she is alive or not. I presume her alive. Every member of your family including your sisters shall inherit 6/5 Acre of land each.


If your mother is not alive then every member shall be entitled for 3/2 Acre of land.

adv. rajeev ( rajoo ) (practicing advocate)     14 October 2011

Your sisters have got equal share.  Each of you will get 1/6th share in the property.( if your mother is alive)

kumar t v s (advocate)     14 October 2011

Sri Sankar,

You have not mentioned when your father died. If he died prior to amendment of succession act in 2005, and if in TN there is no specific amendment available like the AP act of 1985, then according to notional partition principle your father share will be divided into 5 parts.

You and your brother will get 6/15th share each and your sisters, mother will get 1/15th each.

i.e. 6/15+6/15+1/15+1/15+1/15.

sridhar pasumarthy (ADVOCATE)     14 October 2011

Kumar t v s is absolutely correct

asharam pandey (a.p.o.)     15 October 2011


sankar (Manager)     17 October 2011


My father expired on 1994.

My mother expired on 2005

My sisters got married in 1970 and  1971

Advocate Vishnu (Advocate)     19 October 2011

Sankar ,

As per the Amended Hindu succession act of 2005 , daughters have equal rights as their brothers in a Hindu undivided family property . The marriage dates of your sisters will have no significance as per the above act . There was an enactment in Tamilnadu which says that if marriage was conducted before 1989. This has now been done away with.


kumar t v s (advocate)     19 October 2011

Dear Vish,

Are you a student of law. Pl consult your seniors before advising.

On the death of father there is a deemed partition between the coparciners and rights as on the date of death of father are crystalised on the coparceners.


2005 amendment is much later than 1994.

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