Dear querist,
(1) Firstly, under the Hindu Succession Act in the year 2005 which sought for providing equal rights to the daughters in the father’s property as that of the son, earlier only unmarried daughters had the right to obtain the property of their father’s after their death but after the amendment into the succession act, a daughter whether married or not has been given a right of inheritance in her father’s property.
(2) The concerned Amendment states that the daughter born on, before, or after 2005 shall have the same rights in the father’s ancestral property as well as the Self-Acquired as that of the son.
(3) The Hindu Succession Act groups the female heirs under Class I of the Schedule, and all the heirs mentioned under this schedule inherit the property of intestate fathers simultaneously.
(4) Secondly, the ancestral property cannot be in any circumstances be sold to any third party as it is not earned by your father, and in accordance with the Succession Act you and your brother are the legal heirs of your grandfather’s property thus you have an equal share of the same, being Class -1 heirs.
(5) Thirdly, if your father favors your brother and writes transfers the contended property fully to your brother, then you can institute a civil suit for cancellation of the said document and simultaneously a suit for a temporary injunction so that the sale or transfer of the property again could be prohibited biding you enough time to claim your rightful share on the contended property.
Also U/s 6 of the Hindu Succession Act, 1956 has provisions for coparcener’s right to in the HUF property, and simultaneously daughter can claim all the rights attached with the coparcenary rights.
Hope it helps.
