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pooja (student )     25 September 2011

Married daughter right in family property

hi

my fathers family is still a joint hindu undivided family
 he has  two sisters and three brothers , the elder sister  was married  in the year 1965 and has a daughter, but  she left her husband and  is currently staying yet my fathers place , but she is not a divorcee,  i  would like to know if she is eligible  for  for a share in the family property

pls  help with with legal advice ASAP

 

thank you



Learning

 7 Replies


(Guest)

yes.All have equal right irrespective of marital status.

SANJAY SHARMA (ADVOCATE IN CHARGE)     26 September 2011

yes dear she is eligible to take her share in family property it is provided by hindu succession act, that any girl can demand her share in family property she can be married and can be unmarried girl, and girl is eligible to get her share as well as boy of undivied hindu family. 

Shailesh Kr. Shah (Advocate)     26 September 2011

After amendment in hindu succession act in 2005, daughther have also right in the property.

Nandgopal (Partner)     27 September 2011

Ms Pooja,

There are three possibilities.

1.  Assuming that your father has succeded  the property after the death of your grand father,  the property would have to be shared equally by your father and your Aunts equally.

2.  However in the event that you father  has succeded to the property under a will of your grand father  your aunts would not be entitled to a share.

3. In the event that the property in the hands of your father  belonged to your great grandfather,  and that your grand father died  prior to comming inti force the 2004 amendment to the  hindu Succession Act, you aunts would not have a share in the property as it would have vested in your father as a sole surviving co-parsenor. The  last aspect is discussed in detail  in a  recent judgement of the Karnatak High Court. 

  Lastly the factum of her marriage  or her divorce nr non divorce is of  little or no consequence. 

I hope the proposition of Law is clarified.

Alok Tholiya (self employed)     30 September 2011

I liked reply by Mr Nandgopal. Thanks.

kvss.prabhakar rao (Advocate )     11 October 2011

Firts you tell on whihc states you are residing. The Andhra Pradesh is first state gives riht to  sahre to daughter over joint family property as per amendment took place in the year 1986. Later State of Gujarath and Karnataka has followd the Andrha Pradesh. Ulttimatele in the Year 2005 Succession Act amended to the daughters of joint family can get share. As per the amendment partititon  took place prior to amendement between family members before amendment there is no retrospective effect. So consult your advocate  further clarity.

K.V.S.S.PRABHAKAR RAO

ADVOCATE

RAJAHMUNDRY (A.P)

espcenthil@gmail.com (student)     15 October 2011

 

we have a property(in tamil nadu) which is under dispute.. the property originally was in the name of my grandfather who expired some 30 years back.. and following that all taxes paid and A- register has been in my fathers name for past 25 years.. now my fathers sister is claiming a share in the property.. so what would be the outcome.. since all the expenses of her marriage,dowry was spent by my father...


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