Your eldest daughter can claim share from the ancestral property. In this case, your father has purchased property in your name and as it is not self acquired by you, she is conferred with legitimate rights to claim a share in the property.

If you partition your property, your daughter can claim a share on par with others. The Hindu Succession Amendment Act, has completely removed the disparities with respect to daughter and son and daughters are on par with the son to claim a share in the property.

Your daughter has no share in property during your lifetime

2) it is not ancestral property

3) you don’t ha ve to give any share in sale proceeds to your daughter

Your eldest daughter's notion regarding this property is misconceived.

She cannot stake a claim in this property.

You are not liable to part away with the sale proceeds.

No, she can’t claim anything out of it.

As it was purchased by grandfather’s owned hard earned money.

He did not get it as an anscestral property.

Respected sir...

legal

by Anshul Agarwal

May 11, 2016 | 2 min read

Where's My Share: Understanding Daughters' Right To Property

Until the Hindu Succession Act, 1956, was amended in 2005, the property rights of sons and daughters were different. While sons had complete right over their father’s property, daughters enjoyed this right only until they got married. After marriage, a daughter was supposed to become part of her husband’s family.

Under the Hindu law, a Hindu Undivided Family (HUF) is a group comprising more than one person, all lineal descendants of a common ancestor. An HUF can be formed by people of Hindu, Jain, Sikh or Buddhist faith.

These Are Your Rights Under The Hindu Undivided Family

MakaanIQ shares the rights that married daughters now have in their fathers’ properties as per Hindu Succession Act, 2005:

Daughters’ rights in Hindu Succession Act, 2005

Earlier, once a daughter was married, she ceased to be part of her father’s HUF. Many saw this as curtailing women’s property rights. But on September 9, 2005, the Hindu Succession Act, 1956, which governs the devolution of property among Hindus, was amended. According to Hindu Succession Amendment Act, 2005, every daughter, whether married or unmarried, is considered a member of her father’s HUF and can even be appointed as ‘karta’ (who manages) of his HUF property. The amendment now grants daughters the same rights, duties, liabilities and disabilities that were earlier limited to sons.

However, a daughter can avail of the benefits granted by the amendment only if her father passed away after September 9, 2005. Also, the daughter is eligible to be a co-sharer only if the father and the daughter were alive on September 9, 2005.

Equal right to be coparceners

A coparcenary comprises the eldest member and three generations of a family. It could earlier comprise, for instance, a son, a father, a grandfather, and a great grandfather. Now, women of the family can also be a coparcener.

Under the coparcenary, the coparceners acquire a right over the coparcenary property by birth. The coparceners’ interest and share in the property keep on fluctuating on the basis of the number of members according to the birth and death of the members in the coparcenary.

Both ancestral and self-acquired property can be a coparcenary property. While in case of ancestral property, it is equally shared by all members of the coparcenary, in case of self-acquired, the person is free to manage the property according to his own will.

A member of the coparcenary can also sell his or her share in the coparcenary to a third party. However, such a sale is subject to the Right of Pre-emption of the remaining members of the coparcenary. The remaining members, however, have the “right of first refusal” over the property, to stop the entry of an outsider.

A coparcener (not any member) can file a suit demanding partition of the coparcenary property but not a member. Thus, the daughter, as a coparcener, can now demand the partition of her father’s property.

Thank you

Dear Client,

property acquires ancestral status on 4th generation i.e. Great Grand children.

Even if property was purchased by ur father from his father`s fund, it was to be inherited by next generation without any break.

Let assume, it was great grand father`s money but after partition it has become ur self acquired property. ( When elder daughter born ? )

ALSO, it`s ur father self acquired property. Ur daughter have no claim in the property.

hi, the property is not ancestrol ..her claim is not valid under the eyes of law ..

Property which has remained undivided for four generations is ancestral property. Once partition has taken place it ceases to be ancestral propery

2) property inherited by you is not ancestral property

3) you are at liberty to execute will bequeathing property to your 2 daughters

It is possible if it is self acquired by you, not ancestral. The said property is ancestral in nature, therefore all of them have equal rights and interest.

If you are getting any property from your father either that was your father’s self acquired or ansectral becomes your self acquired property till the time you are single, but the moment you have your children then that property becomes anscestral in their hands.

Same with the partition kind of cases. Self aqcuired only till the time unmarried

1. Under Hindu law a property attains ancestral character if it remains undivided for four generations, thereupon it becomes ancestral in the hands of the fourth lineal ascendant. In your case it is not ancestral either in your hands or your father.

2. Furthermore, on the execution of partition deed the joint character of the property is severed, whereupon the specific share which is taken by every signatory becomes his separate property. Consequently, the property does not attain ancestral character.

3. Your daughter has no share in the property during your lifetime.

4. You are free to execute a will to bequeath your property to anyone you desire.

Ancestral property - Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc. Now great grand daughter also have equal share) is called as ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner.

Property bought by your father in ur name. If it is not, after his death ( & not by ur adulthood ), all the legal heirs ( Widow/Mother/Children) inherit equal right in the property and acquired status of personal property by inheritance. AND u can WILL/GIFT/SELL/DISINHERIT to any of ur choice.

Yes upon partition, the nature of ancestral property changes in self-acquired and thus, the portion/share received by one in partition becomes his/her self acquired property.

You are free to bequeath this property by means of a will to anyone as per your wish.

My question is how is this property ancestral? Property was registered in my name in 1965, my rights were further confirmed by partition and urban land ceiling act. Now, just because I made the mistake of listening to third party buyers for a swift deal, my daughter is asking for a share from the sale proceeds. Please advice if I am liable to share the sale proceeds with my children or as a matter of fact any relative.

Your daughter has thoroughly misconceived the meaning of ancestral property.

Actually, even if the property remained in your father's name or the title vested ion him alone and he is reported to have died intestate, then also the properties will devolve only ion his own legal heirs and would not pass on to their next generation heirs during the lifetime of his own legal heirs.

Therefore this property will not fall under the category of ancestral property.

You are not liable to share any sale proceeds to your children and nobody can claim any share in it as a right.

While the clarity I draw from the above answers, the property in my fathers hand is self acquired. In my hands upon attaining adulthood, does the property become my absolute property or is it ancestral? Does a partition convert a ancestral property to self acquired property? While, it is clear that she has no right in the property as of date, post my lifetime as well, I would want to pass on my wealth to my other two daughters by a WILL.

The property either purchased on your name or it was inherited by you, it shall become your own and absolute property, it cannot be an ancestral property to your children.

If you have decided to dispose the property in a manner of your choice, desire and design, there is no one to question your authority over it.

Since this is your own and absolute property you can transfer the property to anyone of your choice and in the manner that you may like to.