• Daughter's right to property that is partially built on ancestral land +partially on self acqired la

My grandfather was karta of a HUF and owned a plot of land and building at Patna. As part of a family settlement , my father inherited a portion of the said land and building. He purchased the shares of some other co-parceners and constructed a building on the enlarged plot which was partly inherited and partly self-acquired. My father died in 2016.I have 5 brothers and 2 sisters, ie 8 siblings.My brothers claim that ,as a major part of the property is self-acquired by my father, we sisters are not entitled to any share in the property.Kindly advise me the correct legal pisition
Asked 4 years ago in Property Law
Religion: Hindu

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13 Answers

Did you father execute any will?

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

Sisters are entitled to the share.

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

Sons and daughters have property rights only on the properties that have devolved upon their father and become ancestral property in the father’s hands.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

Dear Mam ,

Is there any will made by your father in name of brorhers. If not so you can also claim your portion in fathers property besides the inherited from grandfather.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

on your father demise you have equal share in self acquired property

during your father lifetime you have no share in his self acquired property

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

IN self acquired property of father daughter`s have equal share, property will inherit 1/8th each and if mother alive than 1/9th each.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1) You all are entitled for equal share in the property if it is purchased by father and not made any WILL.

2) In Ancestral property also you do have shares in it.

3) If you provide details of plot inherited, purchased and all sisters wedding date etc. So we can provide you exact detail about your share along with act specification.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

You and your brothers have equal rights according to the amendments. If your brother does not agree for the same, you can file a suit for partition in the court.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

property inherited by the father also becomes ancestral property vis - a - vis the sons and after the 2015 amendment to Hindu Succession act, vis - a - vis the daughters

so daughters become coparcenors in this inherited property and thus have a legal share

the portion of the property that was bought by your father from other coparcenors out of his own funds will be his self acquired property

for that portion too the daughters are entitled - as legal heirs of a deceased male Hindu dying intestate are his mother, widow and children (which obviously includes the daughters)

so all the daughters have legal share in the inherited as well as self acquired property of the father

if brothers are denying your right then you must file a partition suit in High Court

Section 8 in The Hindu Succession Act, 1956

8. General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—

(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;

(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;

(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and

(d) lastly, if there is no agnate, then upon the cognates of the deceased.

Class 1 heirs are mother, widow and children (which includes daughters)

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

1. Assuming that your father died intestate (without executing a WILL), then the share in his self acquired property would devolve equally to your mother (if alive) and 8 siblings.

2. In case your father had executed a WILL, then the share in his self acquired property would devolve to the beneficiaries as stipulated in the WILL.

Shashidhar S. Sastry
Advocate, Bangalore
4166 Answers
258 Consultations

5.0 on 5.0

Mam daughters will have equal share in the property of father after 2005 Hindu succession amendment may it be self acquired or inherited.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Sir,

You make use of following settled law of the land as pronounced by Hon’ble Supreme Court of India, various High Courts and circulars of the State govt

MARRIED DAUGHTER RIGHTS IN FATHERS PROPERTY

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.

The issue came up before the bench of chief justice Mohit Shah, judges MS Sanklecha and MS Sonak after conflicting views on the matter expressed separately by a single judge and a division bench.

A division bench had opined that the amendment applied to daughters born on or after September 9, 2005. As regards daughters born before 9 September 2005, the judges held that they would get rights in the property upon the death of their father-coparcener (head of a joint family) on or after September 9, 2005.

The bench's final word :

The full bench disagreed with this and stated that the daughters would have equal share in the ancestral property, irrespective of their date of birth.

"The amended section 6 applies to daughters born prior to June 17, 1956 or thereafter (between June 17, 1956 and September 8, 2005), provided they are alive on September 9, 2005, that is on the date when the amendment act of 2005 came into force," the judges observed in their order, running into 72 pages.

Now in the first case your mother and other sibling cannot claim the share as that was gifted by you grandfather in his life time. However all of the children (i.e 3 sisters including your mother and 1 brother) of your grandfather have equal right on the other house and plot land .

The gift from father to his son is not part of ancestral property as the son does not inherit the property on the death of the grandfather or receive it by partition made by the grandfather during his lifetime. The grandson has no legal right on such property because his grandfather chose to bestow a favour on his father which he could have bestowed on any other person as well.

Thus, the interest which he takes in such property must depend upon the will of the grantor and therefore, when the son has got the property from his father as a gift, his sons or daughter cannot claim part in it calling it ancestral property. He can alienate the gifted property to anyone he likes and in any way he likes. Such a property is treated as self-acquired property, provided there is no expressed intention in the deed of the gift by the grandfather while gifting the property to his son. (C. N. Arunachala Mudaliar vs C. A. Muruganatha Mudaliar)

Sons and daughters have property rights only on the properties that have devolved upon their father and become ancestral property in the father’s hands.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

The property inherited by your father as well as self acquired properties shall be your father's own and absolute properties.

Upon his intestate death, the entire properties standing on his name at the time of his death, shall devolve equally upon all his legal heirs which comprises his wife, children and mother (if living).

Therefore your brothers' contention that your sisters shall not be entitled to any share in his properties is incorrect and it is illegal if they take a stand that way depriving the rights of your sisters.

Your sisters are also entitled to an equal share out of your father's properties.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Dear client

After the 2006 amendment the daughters have equal rights in the parental property.

Adv vikas

Vikas Khatri
Advocate, Delhi
179 Answers

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