• Right of married daughter in father's property

Dear sir,
I was born in dehri on sone, Bihar. we are 4 sisters and 2 brothers. my father died in 1987 but my mother is still alive. we four sisters are married and are in the age group of 35-50 yrs.
 my father has left a lot of property in dehri on sone, and my brothers want to sell them and share the money between them without consulting or including us.
now my question is: do we 4 sisters have any claim in this property? if yes under which law, section etc.
what should be the most peaceful legal channel to claim our right to our father's property in dehri, bihar?
all we want is that the property be divided equally among 6 siblings ( sons and daughters). my mother is reluctant to give the property to us. she wants to give the entire property to our brothers.
kindly advise what should we do!!!!
Asked 8 years ago in Property Law
Religion: Hindu

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

6 Answers

under provisions of hindu succession act on father demise his wife , sons and daughters have equal share in the self acquired property of father

2)you have one seventh share in property standing in father name

3)your consent is necessary for sale of property

4)your mother can only bequeath her one seventh share to her sons .

5) deed of family settlement can be entered into for division of family property

6) if brothers refuse file suit for partition for division of property by metes and bounds

7) seek an injunction restraining brothers from selling the property

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

1.The daughters have equal share with their brothers in the property of their father.

2.However the nature of such proeprty must be self acquired.

3. So if the proeprty left by your father were not his inherited proeprty then you have share.

4. if those properties are his ancestral property then your father having died before 2005 you do not have any share in it.

5.To claim your share if denied you can file suit for partition in the local court.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Dear Concerned,

Married Daughters have equal rights in the fathers property after the amendment in Hindu Succession Act in 2005 subject to that the father was alive at the time of the amendment or passed away after the amendment . As this is not the case in your matter - your father passed away in 1987 - you may not get the share.

Best of Luck

Atulay Nehra
Advocate, Noida
1316 Answers
58 Consultations

Dear Querist

as per Hindu Succession act-1956, you and your sisters may file a partition suit before civil court and claim your shares in the properties but if there is no will.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

The property that remained in your father's name shall devolve equally on all his own legal heirs upon his intestate death.

Thus, you your siblings along with your mother have equal shares in the properties left behind by your deceased father.

Accordingly you are entitled to 1/3rd share in the property.

If your brothers and others are not agreeing for mutual and amicable partition and refuse to allot you your legitimate share in the property, you may file a partition suit seeking partition of the property and separate possession of your legitimate and rightful share in the property. You can file another application in the same suit seeking to restrain the defendants from alienating or encumbering the property in any manner till the disposal of main suit.

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

1. All the daughters of your father have equal right on his properties who died intestate.

2. This succession of father's properties by daughters have been postulated in Hindu Succession Act.

3. You are required to file a partition suit immediately claiming share of all the properties, your late father has left behind.

4. After filing the said partition suit, also file a petition under Order 39 Rule 1 & 2 praying for an injunction restraining your brothers in selling or dealing with the undivided properties of your late father till the partition suit filed by you is disposed off by the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Ask a Lawyer

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