• Daughter's share in property

My father has got agricultural land from grandfather who is not alive now. My grandfather had got it from his father.There are 2 houses in the village which are also from my grandfather to father.there are few houses in the city as well which my grandfather got built in his lifetime.My father does not have any self earned property, all these are from my grandfather to him after partition.my father has made some unnecessary loans and selling the land thereby causing loss to us. Can you please tell me what are the rights of me, the daughter over these properties. My father is alive and has a son and 2 daughters. Also my father has made a major part of the agricultural land to my brother's name and apparently the house in the city has also been made to my mother's and brother's name .Do we daughters have claim over this land and the house in the city?Can we the 3 children issue some legal notice to my father and stop him from selling all the property.Kindly guide me. Thank you!
Asked 8 years ago in Property Law
Religion: Hindu

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7 Answers

1. It appears that your grand father got these proepeties from his father who got this after partition.

2. In that case if your father got the land on partition among his brothers then the same would be treated as his self acquired proeprty and hence he can deal with it in any manner he wishes.

3.However of your father got this properties from his father without partition then the same would be ancestral proeprty.

3.on that event you to stop him from transferring your du share to others cna file a suit for partition to claim your share and seek injunction to stop him from further selling his lands.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

1) property which has remained undivided for four generations is ancestral property

2)once partition has taken place it ceases to be ancestral property

3)your father is at liberty to sell the properties

4) your father can execute gift deed to transfer agricultural land in your brother name

5) house can be transferred in mother/ brother name

6)in the event your father dies intestate you would have one fourth share in his properties

7) dont issue any legal notice to father

Ajay Sethi
Advocate, Mumbai
99846 Answers
8148 Consultations

1. Subsequent to the amendment to the Hindu Succession Act in 2005 even daughters are entitled to a share in the ancestral property along with their male siblings. At present, a daughter has the same rights in the property of her father on par with a son.

2. In the instant case, the properties were acquired by your great grand father and partition was done in your father's favour. Since the division of the property has already taken place and your father got these properties through partition, it becomes self acquired property for your father and for self acquired property he is at liberty to take any decision he likes at his own sweet will.

3. However if there are some properties acquired by your great grand father and no partition has taken place yet, then in that case, you will be entitled to a share in the property and for that you can send a legal notice to your father refraining him from selling the property.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

it is not ancestral property

2)on grand father death in 1997 your father and his 5 sisters have equal share in land

3) your father sisters can claim equal share in land

4)your father sisters can claim share in houses too

5) they can file suit to set aside gift deed executed by father in name of your mother and your brother

6) your father sisters can obtain injunction restraining father from selling the land

Ajay Sethi
Advocate, Mumbai
99846 Answers
8148 Consultations

1. The properties which your father inherited from his father are his separate properties which are at par with his self acquired properties, and which he can sell, gift, mortgage or bequeath during his lifetime at his sweet will. He does not require anybody's consent to sell the properties.

2. You have no right, title or interest in these properties during the lifetime of your father. Only and only if he dies intestate the properties will devolve through succession on his legal heirs i.e his widow and all children.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

The properties that belonged to your great grandfather was inherited by your grandfather and after him your father inherited them

Thus the properties now in the hands of your father are his own and absolute properties.

During his lifetime he can dispose, transfer or sell the properties to anyone in any manner of his choice and desire.

No one has rights to question his authority nor anyone can claim a share in the properties as a right.

Therefore any legal action you may intend to initiate on this may not be maintainable nor tenable in law.

T Kalaiselvan
Advocate, Vellore
90048 Answers
2498 Consultations

Your subsequent questions also are same nature.

The replies given earlier are suitable to this too.

Your paternal aunts can file partition suit against your father seeking partition and separate possession of their legitimate share in the properties that belonged to their deceased father who is reported to have died intestate.

T Kalaiselvan
Advocate, Vellore
90048 Answers
2498 Consultations

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