srinath reddy d c (assistant manager) 25 July 2016

Share of daughter

respected sir/madam,

our grand father had 5 acrs of land which is derived from partition with her brother in the year 1953, after that he had purchased 5 acrs in the year 1961. in the year 1971 he passed away by living his wife, one daughter ( my mom ) and one son with out any will. after this in 1976 all of these properties has been transfered to my uncle ( moms brother ) through pavathi khathe after all these my uncle purchased another 15 acrs from his earnings. my grand mother also died in 2000.

what are the legal consequences and what is the ratio we can share.

note my mom born in 1926 married in 1954

please assist us and also let me know the latest supreme court judgement

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5 Replies

Kumar Doab (FIN) 25 July 2016

It is believed that you are Hindu. Confirm.

After partition the nature of property should be Self Acquired.

Other property might be self acquired.

Daughter has share, in self acquired properties of father. Why property alone , total wealth, until or unless daughter has not relinquished her share by a valid deed.

We are not aware of ' pavathi khathe'.

The succession opens on date of death of deceased.

The share of wife ( grandmother) if not disposed in her life time shall also devolve upon her children i.e. including your mother.

You may obtain mutation record with all link docs and show these to a very able counsel specializing in revenue/property/family matters and well versed with local laws.

NARENDER RAO BASAVARAJU (Advocate) 25 July 2016

The Share of a daughter in the ancestral property of a deceased father has been clarified by the honourable supreme court in its recent judgement PRAKASH&ORS VS PHULAVATI &ORS.

As per this, the HINDU SUCCESSION (AMENDMENT ACT) 2005 will not have any retrospective effect.

Hence the rights under the amendment are applicable to living daughters of living coparceners as on 9th September 2005 irrespective of when such daughters are born.

In your case, Your Grand- father expired in the year 1971 and hence your mother can not expect a share in the ancestral property.However,self-acquired property of your Grand-father she has a share,provided, the transfer of the property to your uncle is not carried out as per law applicable prior to 20th December 2004

Kumar Doab (FIN) 25 July 2016

After partition the nature of property might have chnaged to Self Acquired.

If 'pavathi khathe ' stands for gift/relinquishment and it duly registered then share is probably gone.

You may obtain mutation record with all link docs and show these to a very able counsel specializing in revenue/property/family matters and well versed with local laws.