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Vijaya Lakshmi (House wife)     08 May 2009

Daughter's right in Father's Property

Hello sir,
I am Hindu, married women.. living in Erode, Tamil Nadu..
My father had a property of 2 acres. He had 2 sons and 2 daughters incl me....my father is expired long ago..nw i am 50 yrs, married in the year of 1972 n has 1 son n 1 daughter...aftr my father expired, my 2 brothers shared the landequally..bt not yet registered in their name.. the property is still in my father's name.. my elder brother expired last year..he has wife, 1 son n 1 daughter... and my elder sister also expired 2 yrs ago...nw my younger bro n my elder brother's son tries to register the property in their name... whts my right in the property

of 2 acres..does my elder sisters(expired n married in the year of 1975) heirs has

any right in tht property..?  should my younger bro n elder bro's son need my

signature to register the property in their names..? whts my elder bro(expired)'s

wife n son's right in tht property?



Learning

 25 Replies

A V Vishal (Advocate)     08 May 2009

Dear Madam,

What is the status of the property is it self acquired property of your father or ansectral?

Did your father write any will, if yes then what are its contents.

In your query you have stated that the land was shared equally by your brothers, have any changes occured in the revenue records, Kindly answer the queries to advise suitably

 

1 Like

Manasi Save (Legal Practioner)     08 May 2009

If its ancestral property then u have equal right along with ur brothers.

1 Like

Vijaya Lakshmi (House wife)     08 May 2009

Yes...Its an ancestral property... my father didnt write any will... my brothers shared the property by mutual understanding.. not in written..  does it have anything to do with married year..coz am living in TN..

Vijaya Lakshmi (House wife)     08 May 2009

and also its not self acquired property of my father.. its ancestrol.. no changes in revenue records about my brothers sharing the property...

Adv.Husain (Advocate)     08 May 2009

Daughters and sons has equal rights to property. According to law, any woman, irrespective of the marital status, has full right to inherit ancestral property just like a son of the family.

A V Vishal (Advocate)     08 May 2009

Dear Madam.

After going thru the contents of your query and the replies, it is evident that you have equal share in the ansectral property along with your brothers, further, you have stated that your brother deceased, his wife and children too have claim over the property, however, no one can claim or alienate the property without the signatures of all interested parties to the property.

Krishnakumar (Advocate)     08 May 2009

HINDU SUCCESSION (AMENDMENT) ACT, 2005 (39 OF 2005) INDIAN PARLIAMENT ENACTMENT OF 2005

 

MARRIED DAUGHTERS  ARE ENTITLED TO SHARES  AT PAR WITH SONS IN ANCESTRAL COPARCENARY PROPERTY.

 

With a view bringing uniform civil code, the Parliament enacted The Hindu Succession (Amendment) Act, 2005 (39 of 2005) came into force from 9th September, 2005. The Government of India had issued notification to this effect. This (Amendment) Act has removed gender discriminatory provisions in the Hindu Succession and gave the following rights to daughters under Section 6:

The daughter of a coparcener shall by birth become a coparcener in her own right in the same manner as the son;

The daughter has the same rights in the coparcenary property as she would have had if she had been a son;

The daughter shall be subject to the same liability in the said coparcenary property as that of a son; and any reference to a Hindu Mitakshara coparceners shall be deemed to include a reference to a daughter of a coparcener;

The daughter is allotted the same share as is allotted to a son;

The share of the pre-deceased son or a pre-deceased daughter shall be allotted to the surviving child of such pre-deceased son or of such pre-deceased daughter;

The share of the pre-deceased child of a pre-deceased son or of a pre-deceased daughter shall be allotted to the child of such pre-deceased child of the pre-deceased son or a pre-deceased daughter.

(I) Provided that nothing contained in this sub-section shall affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken place before the 20th day of December, 2004.

(2) Any property to which a female Hindu becomes entitled by virtue of sub-section (1) shall be held by her with the incidents of coparcenary ownership and shall be regarded, notwithstanding anything contained in this Act, or any other law for the time being in force, as property capable of being disposed of by her by testamentary disposition.

In the year 1990, the HINDU SUCCESSION (Tamil Nadu Amendment) Act, 1990 , was passed amending section 29A  and giving rights to unmarried daughters only. Act came into force in 1990. It was not applicable to married daughters and partitioned /sold away properties. It was a Prospective legislation. The provisions of THE HINDU SUCCESSION (AMENDMENT) ACT, 2005 (39 OF 2005), shall prevail over all State Amendments.

 

2 Like

sanjay singh thakur (advocate)     09 May 2009

Mr. Husain is right.

adv. rajeev ( rajoo ) (practicing advocate)     09 May 2009

After the amendment to sec 8 of Hindu Succession ACt, even married women will get equal share in the father's property.  Ur father has died without making any partition amongst brothers.  As such u r entittle to equal share in the properties of ur father.  U , ur mother and ur brother wife and sons will get share in the of deceased brother.  Ur deceased sister legal heirs wont get anything.

U will get 1/5th share in the properties of ur deceased father.

Krishnakumar (Advocate)     09 May 2009

Even your deceased sister's legal heirs would also get a share since the nature of the property is ancestral and coparcenary and there was no partition of the property by way of testamentory disposition or alienation prior to 20th day of december 2004. ( See section 6 of the Hindu Succession Amendment Act 2005).

Vijaya Lakshmi (House wife)     09 May 2009

my mother also expired long ago...

 

now the proportion  will be 1/4 or still 1/5 ?

Krishnakumar (Advocate)     10 May 2009

The Proportion will be 1/4. The provisions of central enactment THE HINDU SUCCESSION (AMENDMENT) ACT, 2005 (39 OF 2005), shall prevail over all State Amendments. That means irrespective of marital status  daughters  are entitiled to shares at par with sons provided  there was no partition of the property by way of testamentory disposition or alienation prior to 20th day of december 2004. In your case the property should be partitioned into 4 shares. Your surviving brother and you take one share each, while the the legal heirs of your deceased sister and brother share the remaining 1/2 equally. 

adv. rajeev ( rajoo ) (practicing advocate)     10 May 2009

1/4th share u will get

Ram (Practice)     11 May 2009

 I would like to add something to Mr Krishnakuma's comments. The HSA 2005 is effective for "On and from 20th dec 2004 only. Also As per  TN amendment  , they may not able to claim as It  has given right to unmarried girl only . It seems that they are married before 1989 for even for ancestral property. If 2005 Act is applicable to all whether married or unmarried woman , then so many cases will be in court not by the respective sisters but great great gandson to the sisters. So for each and every thing there will be date of applicable limit  for the act

 

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