• Right of daughter in father's property

Hello This is Aasha Mhatre. My father Late Mr. laxmikant Joshi has given his property i.e. his flat in Elphinstone area in Mumbai to his son Mr. Rajesh Joshi. And while doing this he did not take the permission of other siblings. As I have heard that as per Indian Law a daughter is having equal rights in ancestral property.
So here my question is can I claim my right now, when the property has already been transferred in his name.
Asked 1 year ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
1) did your father execute gift deed in favour of his son ?

2) or he executed a will . please clarify 

3) father can transfer his self acquired flat in name of his son 

4) consent of other siblings is not required 

5) contact a local lawyer 
Ajay Sethi
Advocate, Mumbai
23294 Answers
1220 Consultations
5.0 on 5.0
1. It is true that females have equal rights in ancestral property, but is the property given to your brother by your since deceased father ancestral?

2. Only if it is ancestral you can challenge the transfer and claim an equal share therein.

3. If the property was purchased by your father from his own earnings then he was within his rights to transfer it to your brother. 
Ashish Davessar
Advocate, Jaipur
18161 Answers
449 Consultations
5.0 on 5.0
Please inform whether this property is his self-acquired property or his ancestral property.
If it is his self-acquired property then he can give it to any one he chooses.
if it is his ancestral property then you can file suit to cancel deed through which he has given the property to his son.
Devajyoti Barman
Advocate, Kolkata
5227 Answers
54 Consultations
4.9 on 5.0
Hi, as per Section 6 of the Hindu Succession act which read as follows

6. 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.'. 

If the property is an ancestral property and then you will entitle for share in the property provided if the partition is not evidenced by registered document then you will be entitled for share in the property and if the partition is already taken place and it is evidenced by registered document i.e Registered partition deed or court decree then you will not entitled for share in the property.

Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Hi,
1. You are right , there is an equal right for boy and girl in the ancestral property. But your property is not an ancestral one if it was made or brought by your dad. unfortunately you do not have a legal option as your father is free to disperse his self earned property to any one of his choice.
2. Now you cannot claim as your father already transferred in your brothers name. If the property was belonging ot your father, there was no need of any body's permission, siblings permission was not needed .

3.Ancestral property is the one handed over or inherited for four generations and daughters have equal rights with sons.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. Assuming that your father's property was a self acquired property and has given his property to his son, then your father is well within his rights. For giving one's self acquired property to any body, permission of any other family member is not required.
2. However you have not mentioned how your late father gave the property to his son. Whether it was through Gift deed during your father's life time or through execution of WILL.
3. You are right that as per law a daughter is having equal rights in ancestral property and in this case the property is not your ancestral property and the property was your Late father's self-acquired property.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
if the property is ancestral property then you may file a civil suit for partition before court and claim your share, but if the property is self acquired then there is no share for you.
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
1. If the property is owned by your father, then he can gift it to any body he wishes to,

2. No children has any claim on father's property during his lifetime,

3. Property of a person who died intestate will be equally shared by all his sons and daughters alongwith his wife. 
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0

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