The share in the property is not who stays there it is as per the legal heirs. All the legal heirs have right in Property
Rights of married daughter in grandfather property and unmarried daughter in father property
We stayed at Dadar in pagdi system bldg room area is 10 X 10 sq.ft. room is purchased by my grandfather-in-law. my grandfather-in-law have 5 daughters & five sons. first 2 daughter & 5 no. daughter married. 3rd no. daughter expired before marriage. 4th no. daughter is still unmarried age is 80 yrs old & stay in dadar pagdi system room. 3 sons including my father-in-law married. 1 son is missing. 5 no son expired due to illness. 2 married sons left home after their marriage. since 1960 room transferred to my father-in-law name. on dt. 08.09.1993 my father-in - law expired. after that room was transferred to my mother-in-law name. on dt. 19.02.2008 my mother-in-law is also expired. my father-in-law have 2 children, one is my husband & another is my sister-in-law who married in 2013 & left home. Now we 4 members are stay in room i.e. me, my husband, my daughter 1 yr old & husband's 4 no. aunty age appx 80 yrs old. my sister-in-law ask us for share in room. so I want to know the shares of everyone who stay in room means my husband, aunty & my sister-in-law. Is law favour to aunty who still unmarried because of her personal wish?. I want to know the definition of `unmarried` as per law. Is law make compulsion on my husband to take care of his aunty without his wish? pls. guide us.
Asked 7 years ago in Property Law
Religion: Hindu
7 Answers
Since Aunty is spinster she is entitled to maintenance from her siblings
2) she has share in room which was taken on Pagdi by her deceased father
3) other daughters and sons can claim share in room which was taken on pagdi by grand father
Dear sir,
Yes definitely, a married daughter have rights on her father’s property as according to the Hindu Succession (Amendment) Act, 2005.
In 2005, the Supreme Court had passed a landmark amendment to the Hindu Succession Act of 1956 as the Hindu Succession (Amendment) Act, 2005, granting daughters the right to inherit ancestral property along with their male relatives. But 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.
But the Supreme Court again on February, 2018 made a look into this matter and held a daughter (living or dead) on the date of amendment will be entitled to share in father’s property, thus making her children too to claim this right.
A Bench of Justices AK Sikri and Ashok Bhushan ruled, “The amended provision (Section 6 of Hindu Succession Act) now statutorily recognises the rights of coparceners of daughters as well since birth..It is the very factum of birth in a coparcenary that creates the coparcenary, therefore the sons and daughters of a coparcener become coparceners by virtue of birth.”
Hi,
As per your statement the aunty is unmarried and she is dependent on your husband. Hence, your husband is maintaining her. The legal definition of unmarried is obvious and he may claim the property of her father. Going besides these legal intricacies, it is suggested that at the age of 80 years, no one should be left alone and you all should take care of her.
See the property under pagdi is a rented property so thereby people residing there permanently shall be deemed tenant including your family and unmarried sister of father they have right over the property to be tenants in same. However those who have moved out doesnot have right and cannot claim tenancy in the pagdi building.
Further the unmarried aunt who is maintained by your husband if there is no children of her own can claim maintenance from her siblings.
All legal heirs sons & daughters can claim equal share in said property.
In the pagdi system one cannot claim rights as per the succession act.
Because basically in the pagdi system the tenant shall have tenancy rights only and not inheritable rights.
Hence it would be better that you go for an amicable settlement with the agitating party so that nobody loses and all will be having a win win situation.
