Married women rights

From your post it is felt that you are all Hindu.

And grandparents are Paternal Grandfather and Paternal Grandmother. 

The said property is agricultural land, rural, urban?

It is in which state?

Confirm!

The property(ies) that is as per you self acquired and ancestral (both) was/were  1st owned by whom;

-say your Grandfather and/or also by his Father and Mother?

 -say your Grandmother and/or also by her Father and Mother?

Property from mother’s ( Hindu woman) side is  not ancestral.

For an immovable property to be Ancestral Property; it should be four generation old i.e. property should have been acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter……………or in another words property that is inherited by a Hindu from his father, father’s father or father’s fathers’ father…

The nature of property that devolves by inheritance, WILL, partition is; self acquired.

Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.

In case of Hindu male that has died without disposing self acquired property owned by him by a valid/registered deed/WILL; The 1st right for equal share is of his ClassI legal heirs i.e Mother ( if alive as on date of death), Wife ( if alive as on date of death), sons, daughters……….. The share in ancestral property devolves upon his legal heirs.

In case of Hindu woman the nature and source of property matters.

In case of Hindu woman that has died without disposing property owned by her self acquired/absolute property/estate by a valid/registered deed/WILL; The 1st right for equal share is of her legal heirs i.e Husband ( if alive as on date of death), sons, daughters………..

If the property is acquired from parents side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her father.

If the property is acquired from husbands side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her husband. The property from mother’s side is not ancestral.  

 

You can determine the share of each legal heir accordingly.

The process and procedure to get share updated in mutation records is simple.

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements.

The authority shall update share as per provisions of personal law that applies in mutation records.

By the updated mutation records the legal heir(s) attain rights equal to that of owner and can enjoy/dispose the property/share like owner.   The only thing remains is partition by boundaries. That can be achieved either amicably or thru court.

You need to check on strength of what and which grounds/docs that O/o Authority under whose jurisdiction property falls has transferred the said Patta in the name of married daughters/aunts and on strength of which and what  grounds/docs you wish to oppose the said action of O/o Authority and on what merits.

Succession opens on Date of Death of owner/title holder or in other occasioned on death of owner/title holder of property or partition of property in the family.

While you have mentioned the said amendment in the Act and said citation you might have noted such occasion should have occurred between ………….date (in respective state) ………….before 20 December, 2004.

Apparently the authorities have given share to married daughters in accordance with provision of State Enactment prevailing at the occasion by Notional Partition.

You may check on it for your state at your location.

You may also relate with UPZALR Act If the said property is agricultural land and in erstwhile state of UP. If yes, married daughters may not have any share….

You may go thru thread on; ‘Married daughter rights in father ancestral agri. Property’

https://www.lawyersclubindia.com/forum/Married-daughter-rights-in-father-ancestral-agri-property-108106.asp

You may also post what was he decision in court cases hinted by you?

All said and done; If the married daughters have a share in the property then it shall be futile to remain entangled in litigation with own flesh and blood of the family.

You have the perspective of Registered Family Settlement deed on amicable terms and IT will end the scope of any future litigation.

If you feel some expenses on past litigation then these (actual expenses) may be shared. The married daughters may agree to share actual expenses or even more and settle amicably.

Amicable settlement should be preferred recourse and can be the best recourse…..