Sid 11 April 2017

Daughters share in fathers property

m elder son in my family father died in 1969 then my mother become owner of the property..in 1985 we 2 brothers 3 sisters shared our father property in separate documents..they sold their property..in my share i got old house..my mother gave gift settlement which not registred in grampanchatth from 1992 iam only paying taxes for govt..i reconstructed old house as shops and one new house..2 shops i sold to others i have ownership certificate also..again i registered 2 shops in my children name in register office..now my childern want to sale the shops ..now my sisters sent notice that..they have rights in property? what to do? if they claim.in court she wil get share? My mother is on my side my all relatives..bcs i got old house they got constructed shop....what to do

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 11 April 2017

the Hindu Succession (Amendment Act), 2005 (Amendment Act) came into effect and daughters in a joint Hindu family, governed by Mitakshara law, were granted statutory right in the coparcenary property (being property not partitioned or alienated) of their fathers.

A father can will only his share in the joint hindu family coparcenary. And, after the amendment of 2005, a daughter can claim coparcenary rights in joint hindu familyproperty. Therefore, a will cannot be challenged, however, a daughter may ask for partition and her share.