• Understanding daughters' right to property

If daughters took case back from court , do we need to take their permission to transfer the property.
Asked 7 years ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

12 Answers

Daughters have equal share in self acquired property of deceased father

2) daughters can also claim share in ancestral property . If however father died before 2005 daughter would not have any share in said property

3) take permission from daughter for sale of property

Ajay Sethi
Advocate, Mumbai
95222 Answers
7612 Consultations

5.0 on 5.0

if daughter takes back her case on the basis of relinquishment of her right over the property then you will have no need to take her permission for transfer property. in absence of relinquishment of right she can oppose the transfer of property because she has vested interest therein.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

father as "Karta" of the family can exercise his special right to sell the property, without permission of any heir, if there is legal necessity to fulfill/discharge any liability of joint family.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Your query is very vague. If the case was withdrawn from the court then it needs to be seen what were the terms of withdrawal mentioned in the decree/consent decree.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. More details is required about the matter to answer the query properly.

2. If daughters have withdrawn the case (probably claiming heir share on the property), it does not mean that hey have relinquished their right on the said property.

3. They are required to execute and register a Relinquishment Deed in favour of you to enable you own he property and subsequently sell it of as per your wish with out requiring to take their consent or signature.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1) it is self acquired property of grandfather

2) on demise of grandfather sons and daughters would have equal share in property

3) on demise of bachelor son his share would devolve on his siblings equally

4) signatures of daughters is necessary to transfer property in father name

Ajay Sethi
Advocate, Mumbai
95222 Answers
7612 Consultations

5.0 on 5.0

1) SC judgment is applicable only in respect of ancestral property

2) if father died before 2005 daughters would not have share in ancestral property

3) in present case it is self acquired property of grandfather

4) on his demise his married daughter would have equal share in self acquired property of father as that of your father

Ajay Sethi
Advocate, Mumbai
95222 Answers
7612 Consultations

5.0 on 5.0

1. Since the said property is not an ancestral property, the daughters of your grandfather has equal right on their father's property along with other legal heirs.

2. Now the said property will be equally divided amongst 4 persons being your father and his three sisters.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. You are right in stating "Supreme Court sets 2005 cut-off on women right to ancestral property".

2. However,the said property is not an ancestral property as defined by law.

3. A property is defined as ancestral property if the title of the said property flows for 4 generations (i.e. from great grandfather to great grandchildren) without any interruption i.e. with out any partition/sale/gift deed and/or will.

4. In this case the property belonged to your grandfather. So, it is not an ancestral property.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Withdrawal of court case is different from transfer of property.

You have to think about the issues involved in transfer of property before withdrawing the case

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

The property is in your grandfather name. Upon his intestate death, his properties shall devolve on all his legal heirs. Since your uncle was unmarried,upon his intestate death, his share of property shall devolve on the surviving legal heirs consisting your father and his sisters.

This is as per provisions of Hindu succession Act, 1956 .

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

As far as your paternal aunts are concerned, this is their father's property and not ancestral property.

All of them are entitled to an equal share in the property.

Your father cannot take the entire property ignoring his own sisters.

I f nessecity arises an amicable family partition may be arranged

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer