Kamal Sharma (Manager) 05 September 2014

Daughter's share

Hello,

Thanks for reading this. I have a very urgent question. My grandfather had 3 sons and 2 daughters and he transferred his whole ancestral property to his 3 sons only via decree in 1972 without making the daughters as party in the decree so they had no role in that decree and it was done without their consent.

And since my father acquired property from my grandfather via a decree in 1972 he claims it to be his self earned and says that the status of this property is changed and it's not ancestral property any more and now he transferred the whole property to my two brothers leaving me and other 4 sister out of the scene without our consent. He also created a will in 2007 mentioning the whole property to be transferred to his sons only. He is still alive though.

Can I have the share in the property?

Thanks,

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4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 05 September 2014

after the amendment of Hindu Succession Act in 2005, the distinction of ancestral property and self acquired property has gone.

now the daughters does have equal share in the ancestral property as well.

pls c the amended section 6 of the act.

Kamal Sharma (Manager) 05 September 2014

Thanks for the reply.

According to sec 6 any property which was decreed before 20 December 2004 is not covered by the new definition of the act which can be checked out via the below link.

https://ecopackindia.wordpress.com/2011/11/04/the-daughter-of-a-coparcener-becomes-a-coparcener-by-birth-in-her-own-rights-and-liabilities-in-the-same-manner-as-the-son-she-will-have-rights-over-the-ancestral-property-in-the-same-manner-as-the-s/

This property was decreed in 1972. So, is it still parental or not? Please reply about this querry.

Kumar Doab (FIN) 05 September 2014

Your own interpretation seems to be correct.

However pls wait for other opinion of experts/members.

T. Kalaiselvan, Advocate (Advocate) 08 September 2014

First of all the decree in the year 1972 excluding the daughters from allotting a share in the property to them is valid. If the property was ancestral in nature which was partitioned through a court decree in 1972, upon the share allotted to your father, his sons who are coparceners, are entitled to a share out of this share but the daughters are not entitled since the property was partitioned before the amended act came into force. However, the ancestral nature of the property has to be confirmed for claiming coparcenery share by his sons out of your father's share in the property, in any case even if it becomes a inherited property in the hands of your father, he can dispose it in any manner he desires so, confirm the details in this regard if you need further opinion.