• Agricultural and landed properties

This is in reference to my earlier query "whether married daughters have equal rights with her other siblings over ancestral landed agricultural properties after the demise of her father". My second query is "whether this rights would prevail if the properties are ancestral and guided by a registered will administered in 1912 debarring all women members from ancestral properties.
Asked 6 years ago in Property Law
Religion: Hindu

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12 Answers

If there is called will, then the letter and spirit of will will operate

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

If they are ancestral then such will is illegal. Woman has right in ancestral Property as per the 2005 HSA amendment.

Prashant Nayak
Advocate, Mumbai
34582 Answers
249 Consultations

If there is will and the properties were partitioned or self acquired then they shall not have right. Complete fact and documents in this case have to be seen.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

WILL cannot deprive women members in perpetuity from inheriting ancestral properties 

Ajay Sethi
Advocate, Mumbai
99869 Answers
8149 Consultations

What is the content of WILL, who has executed that WILL and who has acquired the property ? 

Yogendra Singh Rajawat
Advocate, Jaipur
23084 Answers
31 Consultations

If the testator of the Will dies before 2005 then the amendment of Hindu Succession Act having been put into prospective effect form the year 2005 , the daughters have otherwise no rights over the ancestral property of their father.

Devajyoti Barman
Advocate, Kolkata
23656 Answers
537 Consultations

Dear sir

Married daughter have equal rights over the ancestral property of father.

 

Also about the will of 1912 debarring all women members should apply to only the property of the person who executed the will.  Not on the share of the legal heir of the property. Which means the share of his son should be equally distributed in all his children whether male or female. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Property which a person bequeathed to somebody through a will cannot be a subject matter of partition suit.

The property belongs to the person who is named in the will irrespective of the fact whether other persons have shares in the property.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear Sir,

The contents of Will cannot snatch away right of a married women in respect of her right over share in ancestral properties as stated by statute.  A partition suit may be filed and the married daughter will get a share.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

 the Hindu Succession Act of 1956asthe 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.

 

Mohammed Mujeeb
Advocate, Hyderabad
19341 Answers
32 Consultations

The nature of ancestral property will extinguish if there is a Will bequeathing the property to anyone by the title holder.

It will become the absolute and own property of the person acquiring the property.

Therefore there are no  coparcenary rights to anyone in an individual's property.

The daughters will have equal rights in their father's property provide he is reported to have died intestate,

 

T Kalaiselvan
Advocate, Vellore
90071 Answers
2500 Consultations

1. Daughters have equal right on the agricultural properties of their deceased father.

 

2. Will can bequeath properties to some one who will become the owner of the said property and after his demise his daughters will have equal right on his said proiperty along with their brothers.

 

3. No will of a person  mnentioning that no women will hold title of his properties for next generations  can be enforced legally.

Krishna Kishore Ganguly
Advocate, Kolkata
27722 Answers
726 Consultations

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