• Does daughter have right in father's property (Tamil Nadu)

My Grandfather has 3 sons and 2 daughters. My grandfather has expired in 2001 and my grandmother is still alive.

My mother is one of the daughters and she got married in 1980. Now the sons plan to divide my grandfather's share. This property was bought by my grandfather and he has not made any will.

Does my mother has right to claim equal share like the sons. 

location : Chennai
Asked 1 year ago in Property Law from United States
Religion: Hindu
Hi,  The property is the self acquired property of your grandfather and he has not executed any will during his life time so after his demise all the legal heirs have equal rights over the property/es including your mother.

2.  Section 6 of the Hindu Succession (Amendment) Act 2005 read as follows.
 Devolution of interest in coparcenary property.-(1) On and from the commencement of the
Hindu Succession (Amendment) Act, 2005, in a Joint Hindu family governed by the Mitakshara
law, the daughter of a coparcener shall,-
(a) by birth become a coparcener in her own right in the same manner as the son;
(b) have the same rights in the coparcenary property as she would have had if she had been a
son;
(c) be subject to the same liabilities in respect of the said coparcenary property as that of a son,
and any reference to a Hindu Mitakshara coparcener shall be deemed to include a reference to a
daughter of a coparcener:
Provided that nothing contained in this sub-section shall affect or invalidate any disposition or
alienation including any partition or testamentary disposition of property which had taken place
before the 20th day of December, 2004.
(2) Any property to which a female Hindu becomes entitled by virtue of sub-section (1) shall be
held by her with the incidents of coparcenary ownership and shall be regarded, notwithstanding
anything contained in this Act, or any other law for the time being in force, as property capable
of being disposed of by her by testamentary disposition.
(3) Where a Hindu dies after the commencement of the Hindu Succession (Amendment) Act,
2005, his interest in the property of a Joint Hindu family governed by the Mitakshara law, shall 
devolve by testamentary or intestate succession, as the case may be, under this Act and not by
survivorship, and the coparcenary property shall be deemed to have been divided as if a
partition had taken place and,-
(a) the daughter is allotted the same share as is allotted to a son;
(b) the share of the pre-deceased son or a pre-deceased daughter, as they would have got had
they been alive at the time of partition, shall be allotted to the surviving child of such predeceased
son or of such pre-deceased daughter; and
(c) the share of the pre-deceased child of a pre-deceased son or of a pre-deceased daughter, as
such child would have got had he or she been alive at the time of the partition, shall be allotted
to the child of such pre-deceased child of the pre-deceased son or a pre-deceased daughter, as
the case may be.
Explanation.- For the purposes of this sub-section, the interest of a Hindu Mitakshara coparcener
shall be deemed to be the share in the property that would have been allotted to him if a
partition of the property had taken place immediately before his death, irrespective of whether
he was entitled to claim partition or not.
(4) After the commencement of the Hindu Succession (Amendment) Act, 2005, no court shall
recognise any right to proceed against a son, grandson or great-grandson for the recovery of any
debt due from his father, grandfather or great-grandfather solely on the ground of the pious
obligation under the Hindu law, of such son, grandson or great-grandson to discharge any such
debt:
Provided that in the case of any debt contracted before the commencement of the Hindu
Succession (Amendment) Act, 2005, nothing contained in this sub-section shall affect-
(a) the right of any creditor to proceed against the son, grandson or great-grandson, as the case
may be; or
(b) any alienation made in respect of or in satisfaction of, any such debt, and any such right or
alienation shall be enforceable under the rule of pious obligation in the same manner and to the
same extent as it would have been enforceable as if the Hindu Succession (Amendment) Act,
2005 had not been enacted. 
Explanation.-For the purposes of clause (a), the expression "son", "grandson" or "great-grandson"
shall be deemed to refer to the son, grandson or great-grandson, as the case may be, who was
born or adopted prior to the commencement of the Hindu Succession (Amendment) Act, 2005.
(5) Nothing contained in this section shall apply to a partition, which has been effected before
the 20th day of December, 2004.
Explanation.- For the purposes of this section "partition" means any partition made by execution
of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition
effected by a decree of a court.'. 
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) on your grand father demise your mother had 1/ 7th share in property 

2) your uncles cannot refuse to give your mother her share in property 

3) she can file suit for partition to claim her share in property 
Ajay Sethi
Advocate, Mumbai
23370 Answers
1224 Consultations
5.0 on 5.0
1. Since your grand father died without making a will all his children have an equal share in his property. The share of your mother is at par with the share of her brothers. 

2. If the share of your mother is denied to her then she can file for partition to cull out her share. She may also seek a stay order from the court if her brothers are going to divide and/or sell the property.
Ashish Davessar
Advocate, Jaipur
18190 Answers
449 Consultations
5.0 on 5.0
1. No this is not true. The person who said this is unaware of the law.

2. The share of daughters is equal to the sons regardless of whether the daughters are married or not.

3. Your mother can successfully cull out her share through the court.
Ashish Davessar
Advocate, Jaipur
18190 Answers
449 Consultations
5.0 on 5.0
1) grand mother can only bequeath her 1/ 7th share or gift or relinquish her share 

2) sons cannot dictate terms to daughters that they would get only 12.5 per cent share 


3) your mother can issue legal notice and file suit for partition to claim her share in the property 
Ajay Sethi
Advocate, Mumbai
23370 Answers
1224 Consultations
5.0 on 5.0
Hello,
1) Yes, all the siblings have equal right to the property regardless of their gender and therefore your mother is entitled to an equal share with the grandmother and her siblings.

2) Your grandmother has no right to give a greater share to provide to the sons and therefore your mother can certainly claim an equal right. 

3) As the property has not been divided so far and as there has been amendments to the laws in Tamil Nadu there should not be any bar to your motrher making a claim for equal rights.
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0
1.  Since your grand father died intestate, your grand mother and all their children i.e., 3 sons and 2 daughters will get equal share in the property.  In other words, each one of them are entitled to get 1/6th share.
2.  Married women will also get equal share in their father's property.
3.  If sons do not give equal share to their sisters, the sisters can approach the court and the court would pass a favourable order.
4.  Your grand mother can execute a release/relinquishment deed, in respect of her share, in favour of her sons and thereby the sons get the share of their mother too in addition to their usual shares.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
Hi, daughters have equal rights as that of son and law is very much clear.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
As per Hindu succession act your mother entitled to get 1/6th share in the property.Married women have equal share in their father's property.If your mother has not obtain 1/6th share then file a partition suit.Grandmother has no power to give sons larger share.But she can give her 1/6th share to son's by way of gift or relinquishment deed, thereby the sons get the share of their mother too in addition to their usual shares.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
1) share of predeceased son will devolve on his wife and children 

2) if there is no deed of family settlement arrived at suit for partition has to be filed for division of property by metes and bounds 

3) suit for partition may take some years to be disposed of 
Ajay Sethi
Advocate, Mumbai
23370 Answers
1224 Consultations
5.0 on 5.0
1. His widow and children will inherit his share in the property. 

2. If there is no consensus on division of the property among them then any one of them can move to court and file for partition to cull out his/her share in the property. 
Ashish Davessar
Advocate, Jaipur
18190 Answers
449 Consultations
5.0 on 5.0
1. In the case of a son who is deceased, his wife and children will get equal share, out of the share of the deceased. That means out of 1/6th share of the deceased, his wife and children may get it sub divided equally amongst them.
2. Any beneficiary can file a suit for partition of the property for getting his share and the court may pass a decree for partition of his share by metes & bounds.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
Hi, the legal heirs of the deceased is his wife and children.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Yes, your mother has the right to claim 1/6th share of the property since there are 6 legal heirs of your grandfather's property including your grandmother,

2. Your mother can file a partition suit claiming her share.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. Indian Succession Act is equally applicable to all the states of India including Tamilnadu,

2. She will have 1/6th of the property alonngwith all the other legal heirs of your grand father who died intestate, including your grandmother,

3. Grandmother has the power to deal with her 1/6th share of the property only and not with any other's share.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
All the legal heirs of the  deceased son of  your grandfather will equally inherit the share of the property inherited by the said deceased son.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

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