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ASHWIN JOSHI   11 September 2026

Inheritance birthrights of daughters in grand father self aquired property after sc 2005 judgement

The Grand father having self aquired property who having 2 children 

1 son. And. 1 daughter 

Grand father died without testament later daughter married and died without testament and issue and heirs 

Son   died. without testament but leaving 3 daughters and Mother no partition took place.

Now legal heirs rights on this property for 3 daughters and Mother of deceased son without testament.

As per SC judgement on 2005 about daughters birth rights and Mother rights.

How much inheritance rights of daughters?

As well as of their Mother?

3 daughters executed transfer deed in favour of Mother title purpose revenue records purpose after obtaining title same Mother executed testament in favour of eldest daughter depriving rights of rest 2 daughters.

But Eldest daughter executed family tree succession admission before Mamalatdar office competent authority consented inheritance rights of all 3 daughters including herself without mentioning of religious deed dropping inheritance rights that means clear admission of succession rights of daughters Mother died. Eldest daughter after obtaining title in her favour and excluded sale deed in 2026 depriving inheritance rights of rest 2 daughters thogh she admitted 3 daughters as coparcener in 2017 family tree succession admission of inheritance rights 

The sale deed is valid depriving inheritance rights of the 2 sisters?

Is it lawful? Mere consent on title transfer for revenue records purpose. 2 daughters approved transfer deed for eldest  daughter and executed testament of Mother. 

Now eldest daughter one side accepted inheritance rights of 2 daughters and sold whole property as her own depriving 2 sisters no partition took place.

Such sale is legal? 2 sisters can claim their shares in sale of property?

 

 

 



 1 Replies

Dr. J C Vashista (Advocate )     11 September 2026

Same story has already been replied, it is repetation with some added facts, which shall not change the opinion and advise of the experts.

LRs of deceased grandfather and his daughter(s) shall devolve upon their respective LRs according to their personal succession laws (Hindu, Muslim or other Succession Act(s) as professed by concerned deceased) 

There is amendment in Section 6 of the Hindu Succession Act, 1956 applicable to Hindus only, wherein daughter(s) have equal share as to son(s) in ancestaral / intestate property of deceased.

Prima facie it is an examination hall question paper.


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