• Do daughter have right over property even though they didn't take care of their parents

My grand father died in 1985 by that he has 2sons and 2 daughters. He used to work in bombay and rome around because of that reason he wrote a will. By the time he wrote will he has only one son and one daughter whose names are mentioned in will. After other son and daughter were born even though he didn't change will.
1.Do other daughter and son are also eligible for property share? 
2.Is married daughters eligible for equal share in father self owned property even though he wrote a will but that will is not registered? 
My father got job in 1988 and he only took care of family, he got married his sisters by 1993 and brother was studying after he got job he left home and returned in year 2009 being job less with a wife and 2 kids, and My grandmother stayed with my father all the time and later when her younger son returned Both sons took care of my grand mother my father died in year 2013 and my grandmother died in year 2015 intestate
3.Do daughters have equal share in property even though they didn't take care of parents? 
Now at present my aunt are asking for equal share in property which is in name of my grandfather and complete share of property registered in name if my grandmother. 
4.Can I file a suit against them claiming their right in property?
Those property documents are with my father and my aunt and uncle are harrassing my mother for those documents to give them.
5.Will it cause any problem to my mother if we give those original documents to them and can we file a suit against them to not misuse those original documents after giving to them?
Asked 5 years ago in Property Law
Religion: Hindu

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11 Answers

1) other daughter and son are not eligible for share in property 

 

2) married daughters would have no share in property as no bequests are made in their favour 

 

3) if there is no will daughters have equal share in proeprty 

 

4) your suit would be dismissed

 

5) no need to hand over original documents without your father consent 

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

No.

Yes, marriage dose not effect right of daughter. If she has been named in WILL, she is entitle to property by virtue of WILL.

3.Do daughters have equal share in property even though they didn't take care of parents? -- Yes. 

Aunts don`t have compete share but only 1/4th share but in intestate property of grand mother.

Let them file case, why you bother. Don`t give documents to them at any cost. Can provide copy of it but not originals.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

daughter and son are not eligible. 

A will which is not registered is valid if it is signed by two attesting witnesses.

The Married daughter have equal right,  if there is no will. 

suit is not maintainable. 

don't give original documents to them. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. No, if there name is not will they have no right.

2. Registered or unregistered will is valid daughter has no share.

3. They donot have any share if name in will is not there. If the name in will is there then they took care or not they are owner of property.

4. Ask them to approach court not.to harass your father.

5. No problem to mother shall be caused.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. If the property left by your grand father was ancestral then his daughters can not inherit his ancestral property as he died before 2005.

2, If the person is leaving a Will in respect of his self acquired then only the beneficiaries of the Will and not on else can inherit the property.

3. The law of inheritance does not depend on who has taken care of the parent and who has not.

4. If your aunts have not taken possession of any property there is no need to file any suit.

5.Do not part with original documents.  

Devajyoti Barman
Advocate, Kolkata
22822 Answers
488 Consultations

5.0 on 5.0

Hello,

If the property is an ancestral property then all of the issue have right over the property.

Regards

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

1. If the will of your grandfather ism probated, then only the benificieries of the will shall get the share of the property as stipulated in the will. If the will is not probated, then all the legal heirs of the grandparents will equally inherit the share of their property.

 

2. Will is not required to be registered. It is required to be probated to render validity in it. If the will is not probated, all the children of your grandparents will equally inherit their properties.

 

3. Daughters have equal share on their deceased parent's properties and such inheritance is not dependent on  their rendering service to their parents.

 

4.  the statute has given the daughters their right on their parent's properties. It will be dificult for you to  deprive them of their said rigts by filing suit against them on that issue.

 

5. Why should you hand over the original documents to others? You can hand over photoicopies and they can collect  certified copies of the same from the office of the Registrar. You can file the suit if uou find that the title deeds have been misused by others without any authority from you.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Yes daughters have right. 

If it's self acquired property and will is written and no share given no right.  If ancestral then you have right. They have right but every me right has corresponding duty.  Yes you can file a suit.  No problem.  You can still file suit without documents and make them produce it

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

1 . Not if self acquired.

2 . Yes

3. Yes in case ancestral, favourable will and instestate death.

4. Suggest amicable distribution of property. Engage a local lawyer. Have family meetings and settle share. Thereafter ask the lawyer to make Property settlement deed.

 As explained above. Dont Down to any harassment. However photocopies should be shared. It should be transparent transaction s.

5. As suggested make photocopies, distribute the copies thru registered post. Secure the original s in bank locker.

 

Deepankar Kataria
Advocate, Delhi
194 Answers

5.0 on 5.0

1.  If your grandfather is no more living and the Will has become enforceable then the beneficiaries shall be one son and one daughter alone. 

2. Whether the Will is registered or not, it is legally valid and the beneficiaries of the Will are the only people entitled to the property bequeathed in the Will, others cannot claim any share in it.

3.If there are properties in the name of your grandmother and she is reported to have died intestate, then all her legal heirs are entitled to their legitimate share in the properties left behind by the deceased, there is no condition that a child has to take care of its parents to get a share in their properties.

4. You cannot file any suit against them for this reason, however if they file any partition suit against your mother or you then you may challenge the same on the basis of the documentary evidences in your support.

5. Ask your mother not to give any document, let them file a suit in the court on the basis of certified copy of the registration documents and file a suit accordingly..

 

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

Dear 

  1. Yes they can become eligible as they were born after the will was written
  2. As your grandfather does in year 1985 therefore daughter cannot claim their right in his share as per Hindu Succession act because the amendment of 2005 states that the father should be alive in 2005 and if dies after that then daughter can claim the share from his property.
  3. It doesn't matter that children take care of parents or not but if they dies intestate property will be distributed among all legal heirs. But they are not eligible to get share from your grand father property but they can get equal shares from your property of your grandmother
  4. No you can't file the suit as this can go against you because you cannot stop anyone from claiming his lawful right.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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