If there is called will, then the letter and spirit of will will operate
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.
If they are ancestral then such will is illegal. Woman has right in ancestral Property as per the 2005 HSA amendment.
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.
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.
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.
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
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.
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.
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,
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.