• Daughters right in father property

My father died in Jan, 2001, leaving behind wife, two married sons and two married daughters. Subsequently, My mother filed affidavit and registered it sometimes in 2002 itself it by adding names of all of above sons and daughters and herself in the property card.

As per new 2005 amendment daughters have equal share as sons, provided father died after 2005. 

Now, what can be done in order to remove names of daughters from the property card as they are not eligible as per death of the father before 2005.

Secondly, It appears that Maharashtra amended the act in 1994 itself to this effect and gave equal rights to daughters in fathers property as would be inherited by the sons.

Now, in this case will my sister be eligible to get equal share even though they were married before 1990 and father died in 2002.

Please assist me.

Thanks In advance
Nimesn
Asked 2 years ago in Family Law from Mumbai, Maharashtra
Religion: Hindu

2005 amendment only operates on ancestral property.

Thus, even prior to 2005, the daughters had an equal share in the self acquired property of the father,as that of the son.

If this property is a self acquired property of your property, neither the 2005 amendment nor the Maharashtra act/amendment has changed the position as it existed, and these daughters can claim a share.

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

Only if this property is ancestral in nature, the sisters do not have a share.

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

Yes your sisters will have equal share in the property and that you can not deny.

the Hindu Succession (Amendment Act), 2005 (Amendment Act) came into effect and daughters in a joint Hindu family, governed by Mitakshara law, were granted statutory right in the coparcenary property (being property not partitioned or alienated) of their fathers.

it may be noted that the position with regard to succession to any self-acquired property (as against coparcenary property) of a Hindu male dying intestate remains unchanged, with the daughter being entitled to a simultaneous share in such self-acquired property as the son (in the absence of a will stating anything to the contrary).

Regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

Self acquired property means that a property which has not been divided for four generations. Kindly confirm

If the same happens to be an ancestral property then also amendment of 1994 will apply in your case.

Regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

1) amendment act 205 is applicable only in respect of ancestral property

2)if it was self acquired property of father daughters have equal share in property

3) even in ancestral property as per Maharashtra amendment act 1994 daughters would have equal share if they married after coming into force of amendment act

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

1. Daughters are not entitled to the shares of ancestral property if father dies before 2005 and not on self acquired or inherited properties of father.

2. Your sisters will have equal right on the properties left by your demised father in the given circumstances.

Krishna Kishore Ganguly
Advocate, Kolkata
22523 Answers
596 Consultations

5.0 on 5.0

1. There is misconception amongst general public about ancestral property. Ancestral property is defined as the property, flow of title of which has not been interrupted for 4 generations in any way i.e. from great grand father to great grandchildren without registration/execution of any sale/partition/gift/settlement deed and/or will.

2. If your said property is an ancestral property as per the above definition, then your sisters will not be entitled to any share thereof.

3. If the said property is not an ancestral property as per the definition given above, your sisters will have equal share on it.

Krishna Kishore Ganguly
Advocate, Kolkata
22523 Answers
596 Consultations

5.0 on 5.0

Dear Client,

By amendment in 2005, daughters got coparcenay right in the property i.e. Third generation right grand grand daughter in ancestral property.

equal right into the property was always bestowed with the daughter as first class heirs, so no relief..

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

No. Hindu succession act is applicable to daughters is upon her father being alive as on 19th September 2005.

If father died before that she will not get equal share. She will have notional share within father's share...

Syed Ahmed
Advocate, Bangalore
11 Answers

4.0 on 5.0

Dear Friend

Don't worry you have a right.

The married daughter have equal right in the parental property after the advent of amendment in Hindu Succession Act 1956, that came into force since 9th sept 2005.

The Hindu Succession Act, 1956, originally didn't give daughters equal rights to ancestral property. This disparity was removed by an amendment that came into force on September 9, 2005.

GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, Delhi
204 Answers
1 Consultation

4.0 on 5.0

If this is ancestral property, sisters have no claim this.

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

You have misunderstood the law that was amended in the year 2005.

As per the latest amendment, equal share in the property was given to the daughters in the ancestral property subject to the said conditions.

However the present position is that your sisters are entitled to an equal share in your father's properties as per the Hindu succession act, 1956, therefore you need not worry about removing their names from the property card.

They are entitled to an equal share along with you hence you cannot deny their share from your father's properties.

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

This was not self acquired property but ancestral property. In that case I take it that daughters do not have right, though Maharashtra passed this amendment well in 1994. Which also stated that daughter who were married before 1994 does not become eligible for this amendment of Maharashtra state

Even though it was ancestral property since it was partitioned or inherited by your father, it becomes your father's own and absolute proeprty hence the ruling what you mention here is not applicable to this position.

Dont get confused by misreading the provisioons of law, if you still have any doubt you may consult any lawyer in the local and get the issue clarified properly.

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

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