Daughter (None) 07 November 2010

married daughter's right to Ancestral Property

Dear Sir/Madam,

I have ancestral property (acquired by my great-grandfather) which my father left to my brother in his will. My father passed away in 2003 and I got married prior to 1980. We are the only 2 children.

Do I have any right to the ancestral property even though my father left it to my brother in his will? I have read that the Hindu Succession Act (Amendment 2005) will not be applicable since I was married prior to that. Is there any other Act that gives me a share of the ancestral property?

Thanks in advance,

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8 Replies

Deekshitulu.V.S.R (B.Sc, B.L) 07 November 2010

By virtue of the amendment even a married daughter is entitled to the ancestral property. The will of your father is valid only to the extent of his share in the ancestral property. The marrige of yours prior to 1980 is of no consequence. The only exception is that there shall be a partition during Dec'2004 that too registered. Exceipt in that case your are entitled to calilm a share in the property

adv. rajeev ( rajoo ) (practicing advocate) 07 November 2010

You father had no right to execute the will of the entire property to only two sons. Daughters being the co-parceners have got equal right in the ancestral properties. You have got equal share along with the sons of your deceased father.

chanderKant Tyagi (Consultant) 07 November 2010

what will be the conclusion if A had 2 wifes B and C . with B have 2 daughters and with c have 2 sons.

and A only wants to give his ancestral property to his sons.

If he registered a sale agreement in favour of his sons in that case i think daughters can claim....Please do correct if somewhere am wrong?

chanderKant Tyagi (Consultant) 07 November 2010

what will be the conclusion if A had 2 wifes B and C . with B have 2 daughters and with c have 2 sons.

and A only wants to give his ancestral property to his sons.

If he registered a sale agreement in favour of his sons in that case i think daughters can not claim....Please do correct if somewhere am wrong?

(Guest)

As a co parcner your share would be same as that of your brother/sister etc.,irrespective of your marriage. Will is void even on a plain reading of Property Act without citations.

(Guest)

@Chander:Daughters can claim as a matter of right and seek injunction of the sale deed. Even if the sale deed has been executed, it can be reversed by the competent court. Consult a right lawyer.

seema (secretary) 13 November 2010

If a Hindu Father is alive but his wife died and had 1 dughter. If the father remarried and got 2 more childrens, then the daughter in his first marriage is entitled his ancestoral property, if that daughter is aslo married?