Divya (nil) 02 April 2010

Share of married daughters in Property

This is w.r.t.t. our disputed ancestral property.

Mrs ABC died without making a will & she had 2 sons & 4 daughters.

All 4 daughters are married & they were married before 1980.

Now the properties are in dispute.

Can these 4 daughters claim thier rights on the property now????

Please guide.

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9 Replies

adv. rajeev ( rajoo ) (practicing advocate) 02 April 2010

As per the amended 6 of the Hindu succession act daughters are also co-parceners they are also entittle to equal share.

G. ARAVINTHAN (Legal Consultant / Solicitor) 02 April 2010

As stated by Rajeev, after amendment, all children of a Hindu- male/female, can have equal share in property

bhagwat patil (Property due diligence 9422773303) 02 April 2010

equal right

Bharat Bhushan (advocate) 02 April 2010

It will be better to make a amicable family partition with all the sharer of the property. If not possible than you can file partition suit before the court.

rajkumar.vnm.marupeddi (advocate) 03 April 2010

AS per the Hindu Succession Act, any property owned by hindu female is treated as her absolute property. So, as per the Hindu succession act, all the legal heirs(children) are entitled to equal rights. The said amendment to section.6 of the Hindu succession act is not applicable to the properties owned by Hindu females. Even prior to the said amendment also, the female children are entitled to equal shares along with male children.

vijay kumar goud (student) 12 April 2010

hi raj kumar sir,,
this is vijay from hyderabad actually ia m a married i got marraige 2yrs before my problem is my uncle told me to give 35lakh rs as dowry as my wish he accepted to give his land of cost 35 lakh but after marraige he changed his mind now he is not willing to give .my uncle is having three daughters and one son.my wife is elder .and one thing he made his overall property with his wifes name that is my auntys name.so i heared that sec2005 of 39 hindussessions act says that every child wether son or daughter is having equal right in his fathers property
but here i have some doubts
1) this is not the ansisters property this self aquired by her father
2) he kept his property in my auntys name
3) he earned this property half in 2003&some part of property in 2006,2007

4) here my actual ques is wether my wifes have eqal share in her fathers propety

G. ARAVINTHAN (Legal Consultant / Solicitor) 14 April 2010

Vijay make your query in separate query

G. ARAVINTHAN (Legal Consultant / Solicitor) 14 April 2010

Since it is his self acquired property, he can convey in his wife's name is his wish. you cannot claim the same as dowry. your wife have no right even if the property is in the name of your uncle, since it is self acquired