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sukumaran R   28 March 2020

Inheriting father's property

can a 1970 married Hindu girl able to acquire her father's property in Tamil Nadu? if can acquire...how much is the share? if cannot what's the reason?


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 20 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     28 March 2020

If the property is self-acquired by her father and died intestate then the property shall be devolved among her, her mother, and her siblings equally.  Even it is ancestral she has an equal right with others over the property.

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sukumaran R   28 March 2020

Thanks for the reply....But we got advice from a lawyer that if the daughter got married in 1970's/1980's till 1989 March cannot able to inherit her father's property in Tamil Nadu...
is that right? but when we checked in Google it says daughter has share in the property...hence we got confused by this...

sukumaran R   29 March 2020

thanks for clarifying my doubts.
thanks a lot kavksatyanarayana and Raghav arora
1 Like

P. Venu (Advocate)     29 March 2020

Yes, the daughter is among the legal heirs to the self  acquired property of the late father; in such an eventuality, the property is already vested with her. 

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T. Kalaiselvan, Advocate (Advocate)     29 March 2020

The daughter is a daughter whether married or unmarried hence she is one of the legal heirs to her deceased father  and successors in interest to succeed to the properties left behind by her father who is reported to have died intestate.

The provisions of Hindu succession act 1956  will be applicable as per which the daughter is eligible for an equal share at par with the sons out of the properties left behind by their parents as a right.

 

T. Kalaiselvan, Advocate (Advocate)     30 March 2020

That lawyer who has given a wrong opinion may be he is not knowing the law properly or he is trying to misguide you.

You have done a good thing by posting this query in a reliable online legal website like this.

Hope your doubt is cleared now.

You may consult a knowledgeable lawyer in future for all your legal needs. 

1 Like

T. Kalaiselvan, Advocate (Advocate)     30 March 2020

That lawyer who has given a wrong opinion may be he is not knowing the law properly or he is trying to misguide you.

You have done a good thing by posting this query in a reliable online legal website like this.

Hope your doubt is cleared now.

You may consult a knowledgeable lawyer in future for all your legal needs. 

sukumaran R   30 March 2020

thanks much T.Kalaiselvan

sukumaran R   30 March 2020

I have got one more doubt....
can we get an injunction order on the property which is on the court already for partition. Now the property is held with mother's sister in law(mother's brother's wife) mother's brother passed away. as of now we heard that they are going to lease them...can we get an injunction order on this property which is yet to be partitioned?

P. Venu (Advocate)     30 March 2020

Who has filed the partition suit? Who are the defendants? What is the present stage of the case?

sukumaran R   30 March 2020

when my mother's brother was alive the property was given to him with mutual agreement with my mother. it's like 90 percent to him and 10 percent to my mother. But after 5 years of partition he passed away leaving his wife, his son and his mother. since he passed away my maternal grandmother was forced to join oldage home. now we are caring her and filed the suit to provide a share from his son's property to lead her life term. we are also thinking to file a suit property was not divided equally between the siblings....

sukumaran R   30 March 2020

mothers sister in law is defendant...

T. Kalaiselvan, Advocate (Advocate)     30 March 2020

Yes in the same partition suit you can file a petition under Order 39 Rule 1 and 2 CPC seeking temporary injunction restraining the plaintiffs to alienate or encumber the property in any manner till the disposal of the suit. 

You have to produce evidence about  their intended action to mortgage or lease out the property  along with your application seeking injunction 


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