guruprasad ganguly (doctor) 02 March 2012

Share of daughters in father's property

Hello everybody,

We are about to sale our ancestral house.We are three sisters and one brother.Two of my sisters are married and well settled in life.My other sister is disable physically and stays with all of us by rotation.I am the only son and well settled as well.My father was died in 2000 and my sisters were married in 1976 and 1978.My father never made any will.Now when we sell the property -I wonder what would be the right way to distribute the money among ourselves?

I have 2 queries basically-

1.What is the right of married daughters in father's property(no will was made)?

2.What is the right of unmarried daughter in father's property?What if the unmarried daughter is physically or mentally disabled?

Please help me with the actual facts stated in the law.

Thanks

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6 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 02 March 2012

Mr.Ganguly,

Daughters have equal rights (married or not) have equal rights with the brother - being Class I Heirs - and each would get 1/4th of the total property. Soon after the demise of your father in 2000 - the property automatically vests in each of you to the extent of your share. Now if the property is being sold the same has to be authorised by everyone.

jyoti (cm) 07 March 2012

A case has been filed under cybr law. Wife has alleged that husband has created a fictitious account in her name and sent p*rnographic material which has tarnished her reputation.The e-mail was sent to one ID whose identity is unknown.Password was known to wife who has downloaded the material to file a criminal case.

guruprasad ganguly (doctor) 07 March 2012

Thank you Mr.Chugh!

raj kumar ji (LAW STUDENT ) 07 March 2012

YA DAUGHTERS HAVE EQUAL RIGHT ON THE FATHER PROPERTY

amrutha prabhu (software engineer) 04 October 2012

Dear Sir,
My Late grand pa (Mother's father) has 5 children, 2 sons and 3 daughters.
1st Daughter passed away 30 years back leaving a girl child who is mentally retired and she is in 2nd daughter's custody. Other daughter is also married. 2sons are retired from canara bank and do not show any interest in treatment of mentally retired child.
My mother, (Second daughter), has adopted the mentally retired child and spending from her own pocket for her treatment since more than 25 years,
Now can second daughter claim her paternal property rights along with the mentally retired daughter of the first daughter? She is 90% mentally retired certified by victoria hospital surgeon Bangalore. Second daughter do not have any property owned by her. In this ground she should get 2 share, one her's and another would be elder sister's share for her mentally retired daughter.
If she files a suit at civil court will it be considered?
Kindly advice us.

amrutha prabhu (software engineer) 05 October 2012

Dear Sir, My Late grand pa (Mother's father) has 5 children, 2 sons and 3 daughters. 1st Daughter passed away 30 years back leaving a girl child who is mentally retired and she is in 2nd daughter's custody. Other daughter is also married. 2sons are retired from canara bank and do not show any interest in treatment of mentally retired child. My mother, (Second daughter), has adopted the mentally retired child and spending from her own pocket for her treatment since more than 25 years, Now can second daughter claim her paternal property rights along with the mentally retired daughter of the first daughter? She is 90% mentally retired certified by victoria hospital surgeon Bangalore. Second daughter do not have any property owned by her. In this ground she should get 2 share, one her's and another would be elder sister's share for her mentally retired daughter. If she files a suit at civil court will it be considered? Kindly advice us.