• Grandfather and father's property share to daughters after marriage

Hi,

I would like to know full detailed information & procedure for claiming grandfather & father property share to daughter's after marriage. Hence could you please give us some ideal information for further course.

Regards,
Venkat P
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

There are two categories on properties basically self acquired and the ancestral.

In the sled acquired property of father daughter or other siblings has only right on intestat death of father without will otherwise in life father can dispose his.property on his choice.

In ancestral property he son has right from very beginning but the girl daughter is given.right.after the amendment of hindu succession act. So now after 2005 the girl has equal right on ancestral property as son.

You cannot directly.claim.grandfathers property as you.have no right in that if property once passed on to father and it is his property.in.that case on his demise there shall be right though in his lifetime he can alienate the property.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) Yes, daughter has full equal rights in the property of father and grandfather's property if your father and daughter are alive, after sep 2005, than as per new amendment of Hindu Succession Act, daughter have full equal rights in the ancestral property.

2) Unless n Until both are self owned property of respective owner and they gad bot made any WILL. if they had made any WILL than the property gets executed according to WILL.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1) i presume it is self acquired property of grand father

2) on his demise intestate your grand mother , father and his siblings would have equal share in the property

3) on father demise intestate your mother , you and your siblings would inherit his share in the property

4) if you are not given your share in father property you can file suit for partition for division of property by metes and bounds

5) seek injunction restraining sale of property by your siblings

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Respected sir/ mam ....

As per the judgement of Supreme Court had passed a landmark amendment to The Hindu Succession Act of 1956, granting daughters the right to inherit ancestral property along with their male relatives. But now, a 'small' clause has been added to it.

A daughter can only hold a right to the ancestral property if the father has died after this amendment came into force in 2005, the Supreme Court rules. In other words, the father would have to be alive till September 9, 2005, for the daughter to become a co-sharer of his property along with her male siblings...You can claim your property share if your father is alive on above mentioned date ....There is a very simple procedure to get your share ask them first and then if they denies hire a good advocate and file a civil suit..

Thank you

Dinesh Sharawat
Advocate, Delhi
1258 Answers
12 Consultations

4.9 on 5.0

If the grandfather and father are alive, granddaughter has no right over their self acquired property. If they died intestate without creating any will or documents with regard to their proprieties then their legal heirs can claim over the property. In such condition a granddaughter has no direct right over grand father’s property. In case of self acquired property of the father, he has complete rights to give the property to anyone through a will. The daughter does not have a legal right over the self acquired property of the property.

The case is different when it comes to ancestral 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. Sec.6 of the Hindu succession act was amended in 2005 and provided equal rights to a daughter to the fathers ancestral property. The daughters right on ancestral property shall only arise of both she and her father were alive on the date of the said amendment. Now Hindu women can claim their share in ancestral property, even after they are married and they have full rights to dispose or alienate the property according to their own will.

Ajay N S
Advocate, Ernakulam
3991 Answers
93 Consultations

5.0 on 5.0

1. Th daughter have equal share along with their brothers in the ancestral property of father of he died after the year 2005.

2.In self acquired proeprty also the daughters have equal rights of share along with the sons irrespective of date of death of father.

3.Howeevr in the case of self acquired proeprty the father cna leave his proeprty to anyone he chooses by way of Will or gift deed.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

You can claim the same from your family members first. If they are agreed you can accept. If not then you need to send them legal notice and civil suit for the same.

Prashant Nayak
Advocate, Mumbai
27273 Answers
88 Consultations

4.4 on 5.0

Dear Client,

In grand father`s property, grand daughter have no right. After his intestate death, all properties will devolve in his children and wife (if alive),

And property will become children personal property, and only After father`s death, property will devolve in his children by equal share.

Marriage has no effect to right of Inheritance.

Only, Great Grand daughter have inherent right in great grand father`s property (ancestral) even if father, grand father alive.

Ancestral Property

Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) 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

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You will have to shed more facts and details as to the matter so as to enable us to let you know whether you have a share in your grandfather's property.

As regards to your father's property, during your lifetime, you cannot claim a share in his acquired properties as a matter of right. Only once he passes away without making any will, you can seek your share in the acquired properties left behind by him.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hello,

As a matter of right the claim can be made by the daughter on the ancestral property, also claim can be made after their death and only when they die intestate.

No claim as a matter of right can be made on the self acquired property during the life time.

A partition suit in the civil court of appropriate jurisdiction is to be filed in order to claim the share in the property.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Hi, you have to file a civil suit for declaration in court to claim your share in the ancestrol property

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Your grandfather's property, if he is reported to have died intestate, shall devolve equally on all his legal heirs.

After that the legal heirs shall become the absolute owner with marketable title to their respective share of property.

During the lifetime of ther respective shareholders, the property inherited by them shall be their own and absolute with clear and marketable title to them.

Nobody can claim any share in it as a right during their lifetime.

If the inheritor also dies intestate then his own/hr own legal heirs shall be entitled to a share out of their share in the property.

There is no difference between daughter or son in the above situation, all are equally entitled.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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