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laxmi (house wife)     16 September 2008

womens right

        Hai ,

          for my father we are three sisters and one son in order.i am third daughter, after me the son. my father has got property in his name, and i got married in 2003. my father is trying to change all his property on the name of son,so that the property can not be partition to we have the legal right on the property of my fathers, if he writes legal will / if not . if he rights his will on the name of son , do we have the share on the property of my father, if he do not write the will , can we have the right on the property. my father is still alive . to whom should i contact for  justice.


 14 Replies

kumanan (n/a)     16 September 2008

Hi Laxmi,


In your case, u have to see whether the property is your father's self acquired property or not? if yes then he is having absolute right to dispose of the same at his will and wish... In case if he is leaving the property without any will or settlement in favour of anyone, then urself and ur siblings will get equal share in the property after his demise.. but before that if he settles the property to anyone, then it is very much valid.. u have to contact ur father for justice (if it is self acquired)...otherwise if it is a ancestral property u all will have right over the property..  

1 Like

Ramesh.s (DGM - HR)     17 September 2008

Dear Mr. Kumaran


In this case her father own property but he has some ancestral property from that income he purchased a new property to his name. if there claim legaly valied or not

but actualy not that he buy the property but she can calim for this. who can

proff this you buy this property from that income.


kindly clarify my doubt.



s ramesh

ARVIND JAIN (Advocate)     18 September 2008

During the life of father no one can claim. Even if the property is ancestral the question will open only on his death. If he make a will you can challenge the same after his death only. So no question of getting/ giving justice. Wait till..............!!!!!!!!!!!

kumanan (n/a)     18 September 2008

 Hi all,

I would like to clarify my answer to the query raised by Mrs.Laxmi.

According to her his father is having the property in his name and he is trying to change the same in favour of his son. If it is true that the property standing in the name of the father then it is construed as if the same is self acquired property.. Any property purchased by any individual out of his/her income it is a self acquired property. Then the individual is at liberty to deal with the same at his/her wish.. No one can restrain them.. but it is always open for anyone to challenge the charecter of the property whether self acquired or ancestral through legal course. However, if the owner has settled the property in favour of any x, y ,z then it is legally valid.. if he bequeths any will then it is subject to the scrutiny of the court in probate proceedings..

Whereas if the property is ancestral or joint family property then all the members are having equal right over the property. If the property is not subject to any partition or testamentary issue before the 20th December of 2004 then even female member has got the equal share that of a male member as per the latest amendment to the Hindu Succession Act. The extract of Section 6 is given hereunder,

'6. Devolution of interest in coparcenary property.-(1) On and from the

commencement of the Hindu Succession (Amendment) Act, 2005, in a Joint Hindu family governed by the Mitakshara law, the daughter of a coparcener shall,-

(a) by birth become a coparcener in her own right in the same manner as the son;

(b) have the same rights in the coparcenary property as she would have had if she had been a son;

(c) be subject to the same liabilities in respect of the said coparcenary property as that of a son, and any reference to a Hindu Mitakshara coparcener shall be deemed to include a reference to a daughter of a coparcener:

Provided that nothing contained in this sub-section shall affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken place before the 20th day of December, 2004.

(2) Any property to which a female Hindu becomes entitled by virtue of sub-section (1) shall be held by her with the incidents of coparcenary ownership and shall be regarded, notwithstanding anything contained in this Act, or any other law for the time being in force, as property capable of being disposed of by her by testamentary disposition.

(3) Where a Hindu dies after the commencement of the Hindu Succession (Amendment) Act, 2005, his interest in the property of a Joint Hindu family governed by the Mitakshara law, shall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship, and the coparcenary property shall be deemed to have been divided as if a partition had taken place and,-

(a) the daughter is allotted the same share as is allotted to a son;

(b) the share of the pre-deceased son or a pre-deceased daughter, as they would have got had they been alive at the time of partition, shall be allotted to the surviving child of such pre-deceased son or of such pre-deceased daughter; and 

(c) the share of the pre-deceased child of a pre-deceased son or of a pre-deceased daughter, as such child would have got had he or she been alive at the time of the partition, shall be allotted to the child of such pre-deceased child of the pre-deceased son or a pre-deceased daughter, as the case may be.

Explanation.- For the purposes of this sub-section, the interest of a Hindu Mitakshara coparcener shall be deemed to be the share in the property that would have been allotted to him if a partition of the property had taken place immediately before his death, irrespective of whether he was entitled to claim partition or not.

(4) After the commencement of the Hindu Succession (Amendment) Act, 2005, no court shall recognise any right to proceed against a son, grandson or great-grandson for the recovery of any debt due from his father, grandfather or great-grandfather solely on the ground of the pious obligation under the Hindu law, of such son, grandson or great grandson to discharge any such debt:

Provided that in the case of any debt contracted before the commencement of the Hindu Succession (Amendment) Act, 2005, nothing contained in this sub-section shall affect-

(a) the right of any creditor to proceed against the son, grandson or great-grandson, as the case may be; or 

(b) any alienation made in respect of or in satisfaction of, any such debt, and any such right or alienation shall be enforceable under the rule of pious obligation in the same manner and to the same extent as it would have been enforceable as if the Hindu Succession (Amendment) Act, 2005 had not been enacted.

Explanation.-For the purposes of clause (a), the expression "son", "grandson" or "great-grandson" shall be deemed to refer to the son, grandson or great-grandson, as the case may be, who was born or adopted prior to the commencement of the Hindu Succession (Amendment) Act, 2005.

(5) Nothing contained in this section shall apply to a partition, which has been effected before the 20th day of December, 2004.

Explanation.- For the purposes of this section "partition" means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court.'.


I hope madam Laxmi can make use of this..



1 Like

ashok kumar (advocate)     18 September 2008


There is a way to file a complaint u/sec 12 of  Protectiopn of Women from Domestic Violence Act . but ot for title or partition . Only for residence

Ashok Kumar Advocate

ashok kumar (advocate)     18 September 2008

Madam Luxmi may get succes to obtain an order against alienation

Rathnakar P V (civil engineer)     30 November 2008

Dear Kumanan Garu,  A person Issue less adopts a Male child and a Female child. After some years he changes his Mind (May be due to Family pressures from male child side),and disowns the adoption of Female child( But the school records of Female Child,carries Name of the Adoptive father and family name of adoptive Father, In fact this the only Record the Female Child has a proof of her Adoption in to the family).Before his  death he had written  a WILL parting the property in to  two shares(1)A Residential house along with the open space of Ac, 2.25,on the name of his adopted son, (2) The balance Big Estate on the names of his Grand Children (Son's Sons).   Here the Property is so Wiled is not self earned by him, is INHERITED from his wife side( I was told that will was written by his Mother in law in his favour).Under these circumstances, what should the Female child do? Will law supports Her to get her Due from the adoptive family( Adopted Mother had died long before the Adopted father died).Which court she has to approach? Will the family Court takes up her case (Being a FEMALE)?What are the other options left to her, to Plead her case?

ashok kumar (advocate)     30 November 2008

hi frnd

kindly write in detail when the female or male were adopted after that a correct suggestion may be given

Rathnakar P V (civil engineer)     01 December 2008

Hi frnd,  First Male child adopted and  then Female child was adopted(At the time of adoption she was 2/3 years old). 

Rathnakar P V (civil engineer)     03 December 2008

  • Sir, Some one from Lawyer forum to reply QUESTION posted above Please.

Ramesh (na)     09 June 2009

Dear Faternity Members!

                 It is  a pity that no one Answered/Solved, RATHNAKAR P V 'S Problem.... To answer, i am not a Lawyer. I request some LAWYER Friend  to reply him please...

ashok kumar (advocate)     09 June 2009

what is wrong he can adopt .if he fulfils need of law

G. ARAVINTHAN (Legal Consultant / Solicitor)     18 October 2009

 I agree with Kumanan Sir

Manav Sony   15 May 2020

Thank you Kumaran sir for analysing the issue so nicely!

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