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AMARNATHA B S   18 November 2018

whether daughters have right in own property of father but as per below dates?

Father has purchased from own earnings a big House- 1 property in 1980..he passed away in 1987 leaving behind the wife, 4 sons,2 daughters.

Eldest daughter married in 1971 and in 2005 she expired and husband and 3 children are there.


Second daughter married in 1976. and she has passed away in April 1994 so husband & 3 children are there.

So as father expired in Mar 1987,
E Daughter in july 2005
Y daughter in Apr 1994
prior to 2005 laws?

Query
whether daughters' fmly have any rights in father's property as some say only after 2005 law rules say and as deaths prior, so hence cannot claim..?please help ..

many thanks in advance


Learning

 8 Replies

Adv Deepak Joshi +917017821512 (Advocate)     18 November 2018

In current condition daughter have no right in father property.

1 Like

Kumar Doab (FIN)     18 November 2018

Which personal law applies in your case?

Are you all Hindu?

The said property is agricultural land, rural, Urban, or it is a building?

Have the deceased i.e. your father, and other deceased legal heirs left any valid WILL?

 

The property is in which state?

Confirm!

1 Like

Kumar Doab (FIN)     18 November 2018

Succession opens on date of death; by inheritance and notional partiton may happen..

or by testamentary succession (by valid WILL).

In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs i.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……

 

In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.

 

If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………

If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..

If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..

 

If the property is not devided the status may not change to ancestral and legal heirs including daughters may have a share.

1 Like

Shashi Dhara   18 November 2018

It is self acquired property of Ur father .🇦🇶so🇦🇶🇦🇶 if he has died intestate then entire property is divided equally for all.all in heritates equal share. The deceased daughters share is inheritsed by her children.i.e ,eachget1/7th share.as it is self acquired property prior 2005 does not applies in this case.
1 Like

AMARNATHA B S   20 November 2018

Many heartful Thanks to

Sri Deepak Joshi,
Sri Kumar Doab,
Sri Shashi Dhara
for the important points & guidance & taking the time to help guide us ..

Further in clarification to Mr Kumar Doab..we are all Hindu family and it is about a old (1900) big residential building purchased by my father ,at bangalore. No will, though he died intestate we had earlier in 1994 a family settlement(divided the property) in writing and earmarked with boundaries 4 portions for the brothers allotted to each of us and we had accepted and signed it & it was on rs 20 or rs 200 stamp paper unregistered ...this was given to municipal authorities and Khata bifurcation was done in june 1999 and even subsequently 2nd brother, 4th brother even gifted to their spouse name,effectively registered Gift Deed respectively and hence reflected in Encumbrance Certificate too after earlier in father name ..


And many many thanks ,appreciation to Lawyers Club for the excellent app , forum..shabhaash
its truly helping the people who are suffering without knowing the correct position of laws etc ..
wish you all the best
& best regards to all

Kumar Doab (FIN)     11 December 2018

Probably someone has quoted some judgments from Apex court.

Generically speaking; such judgments if any quoted to you, may pertain to ancestral property and not self acquired.

The property as in query seems to be self acquired, as per details posted by you.The judgment quoted to you may not pertain and applicable to self acquired property.

The family settlement is for settling disputes amicably. In said year and/or in your state IT may not be necessary to register the family settlement deed.Check locally.

Apparently NO share is given to daughters of deceased father (Title holder/owner).

So what is settled for share of daughters?

IT seems that the daughters have not relinquished their share by a valid/registered deed.

 

Another point of though that might have been given to you;

The deceased father did not leva valid WILL, and the family might have been thought of as Hindu Undevided Family and father has died leaving daughters, in year 1987, as per query.

Succession has occasioned on 1987, as per query i.e. before December 20, 2004 and relevant date for consideration of applicability of State law in Karnataka may be July 30, 1994.

 

The daughter may have share. The share of deceased daughters may be inherited by their legal heirs, as explained above.

 

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.

Kumar Doab (FIN)     11 December 2018

 

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Succession/Civil  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.

 Such IT’s and entities keep on poping up at online portals with fake and new ID’s after  their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Succession/Civil  matters.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

There have many instances of such entities operating with multiple fake Id’s at online portals.

 

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

Kumar Doab (FIN)     11 December 2018

Obtain proper legal opinion in writing from LOCAL counsel specializing in concerned field of law.

If the counsel opines daughters (hence their legal heirs) have share then IT shall be appropriate to settle the dispuste amicably.

The daughters/legal heirs can claim mense profits also that would be additional expense.


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