• Daughter's right in ancestral property and self acquired property

Respected sir,

 I am 56 years old women and married in the year April 1988.My father expired in 1997.

My grandfather expired when my father was 8 years old. My father was having an Uncle ( Grandfather's Elder brother.) There was a partition in 1940 between my father and his uncle and father's grand mother by a registered deed. 

In the deed

1) List 1 gives the details of property for Father's uncle
2) List 2 gives details of property for my father
3) List 3 gives details of property of father's Grand mother.
4)List 4 gives details of property to be jointly enjoyed by my father and his uncle.

My father's uncle expired without any child.and will

My father made a partition of properties he got by above partition List 2 in 1970
I am having 2 brothers. So the property in List 1 was partitioned between my father and two brothers. He also gave a small share of the property out of List 1 to me by Dhanapathiram ( Donation By registered deed)

My father was having 2 sisters and one aunt (sister of my father's father and uncle) Father's aunt was having 5 children. They could not divide the property( List 1 and List 4) amicably. So they went to court . Through court order my father got a share in the property of LIst 1 and List 4 ( it was divided between 9 members through court)

My father has not made any will for the property he got by partition deed of 1970 and the property he got by court order.My brothers are not giving any share in this property.

1) Is it ancesstral property or self acquired property of my father

2 Brother's say as per the Succession Act of 1989 of TN, daughrters married before 1989 not eligible for the property ( i am married in 1988 April)

3) What is the amended act 2005 says

4) I would be thankful to you if you advice me as to how to get my share out of my father's share of property.

Thanks & Regards

Asked 7 years ago in Property Law
Religion: Hindu

7 answers received in 1 day.

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8 Answers

1) property which ahs remained undivided for 4 generations is ancestral property

2) in the present case it is not ancestral property

3)on father demise in 1997 you have equal share in property

4) it is true that as per Hindu succession amendment ACT of Tamil Nadu daughters married before 1999 would not have share in ancestral property

5)further as Hindu succession amendment act 2005 if father died before 2005 daughter would not have share in ancestral property

6) however as mentioned earlier you would have share as it is self acquired property of father

7)file suit for partition for division of property by metes and bounds

8) seek injunction restraining brothers from selling the property

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. It is the separate property of your father, not ancestral property.

2. Your share in the separate property of your father is at par with that of your brothers, which you can cull out by filing a suit for partition in the competent civil court. TN Amendment Act is applicable to only ancestral property, so it has no relevance to your case.

3. 2005 Amendment passed by Parliament also relates to ancestral property alone.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. This is self acquired proeprty of your father.

2. Since this is a local law you have to consult a local lawyer on this.In general or in other parts of India daughters have equal share in the self acquired proeprty of father irrespective of date of your marriage.

3. Amended Act 2005 operates if you father would have died after 2005 and that deals with ancestral property only.

4.File a partition suit against your brothers to claim your due share.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) Is it ancesstral property or self acquired property of my father

it is ancestral property because it has been devolving from generation to generation.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

2 Brother's say as per the Succession Act of 1989 of TN, daughrters married before 1989 not eligible for the property ( i am married in 1988 April)

please consult a lawyer practicing in tamil nadu because he is more conversant about the local law. but as a general rule daughter does not form coparcener so she is dis-entitled for share in ancestral property.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

3) What is the amended act 2005 says

this amendment includes daughter in coparcenal as same as a son hence daughter has now share in ancestral property and entitled for claim partition in ancestral property when her father dies.

in phulwati case 2015 the supreme court has held that for claim of daughter's share in ancestral property her father must die after 20 september 2005 if he died before the said date then daughter cannot claim share in ancestral property .

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1. It is your father's own and absolute property and not ancestral.

2. Your brothers are wrong to say that. This rule is applicable only for ancestral properties and not for the properties belonging to your father. The properties in the hands of your father, which he acquired through partition and by a court judgment are his own and absolute property hence they cannot be considered as ancestral property. Further these properties belonged to your father's grandmother and not grandfather hence there is no question of ancestral property for this.

Also that your father expired in the year 1997, the referred law came into effect in the year 1989, there is no effect of this law for this property.

By all means, you are entitled to a share in the properties as a right being a legal heir of your deceased father.

Your brothers are not judges of court or any lawmaker that they will interpret law in their favor to deprive you the rights that you are bestowed with by birth.

3. Since you belong to Tamilnadu, the amendment made in the year 1989 is the same law that has been confirmed in the year 2005 by the Central amendment act.

4. You are entitled to a legitimate share in your father's property, you consult a local lawyer and file a partition suit seeking partition and separate possession of your share in it.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

1. Those properties are not ancestral properties of your father but his inherited/self acquired properties.

2. You are equally entitled to shares of your father's prperties alng with his other legal heirs.

3. the amendment of the succession Act,2005 affects the daughters claim of ancestral properties which is not applicable in your case.

4. File a partition suit claiming your share of your father's properties.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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