• What is the right of a daughter on ancestral property (her father's father)

Hi 

I would like to explain the situation. 
There is an ancestral property from my grandfather's father. My grandfather and grandmother expired. My grandfather have 3 children- two sons and one daughter(younger). elder son has daughter and son. and the next son have two daughters. 
Before my grandmother died, this property was registered to have three heirs the two sons and one share for my grandmother. This is documented and it happened only after the daughter agreed she doesn't need a share. 
Now my grandmother expired and her elder son also expired. Now the daughter is claiming her share and don't want us to sell it for outsiders. She wants to buy it after deducting her share. 
I have contacted lawyers and got this information that since it is on three persons names, my father, my uncle and my grandmother, only the share of my grandmother goes equally to all her children, including the daughter. So in this case the daughter gets only 1/9th of the share of the property. 
Can someone clarify on this according to law?

Thanks for the help.
Asked 4 months ago in Property Law from United States
Religion: Hindu

1) Did the daughter execute relinquishment deed or gift deed for her share in property ?

 

2) kindly clarify how was property registered only in 3 names of grand mother and her 2 sons 

 

3) if she has not executed any registered relinquishment deed  or gift deed she can always file suit to claim her share in property 

Ajay Sethi
Advocate, Mumbai
74626 Answers
4464 Consultations

5.0 on 5.0

1. since the property was already partitioned/transferred, therefore, the share stands in the name of the grandmother only will be distributed among all legal heirs including the daughter,

 

Suneel Moudgil
Advocate, Haryana
2076 Answers
3 Consultations

4.7 on 5.0

1. Assuming that your grandmother died intestate, then her share in the property gets devolved to all her Class-1 legal heirs, i.e., in the instant case to 2 sons and 1 daughter.

2. Whether the daughter had registered a Release Deed relinquishing her share in the property in favour of her mother and two brothers?. If not, the daughter will have a claim of 1/4th share on par with other Class-1 legal heirs.

3.  Please throw some light on the registered document showing only mother and 2 sons as legal heirs.

4.  To determine the daughter's exact share in the entire property, as well as exact share in her deceased mother's subdivided share, the Release Deed relinquishing her exclusive share in the entire property in favour of her mother and 2 brothers, has to be looked into in arriving the exact share of the daughter.

Shashidhar S. Sastry
Advocate, Bangalore
2639 Answers
161 Consultations

5.0 on 5.0

Yes your advocate is right.

If your grand mother has died intestate then her 1/3rd share is liable for equal division among her 3 legal heirs in which eventuality your aunt receives 1/9 undivided share in the property.

Now to remove this complications and to ensure her rights it is better to give a price of her 1/9th share and get her undivided share transferred in your names through gift deed or deed of relinquishment of her share.

Devajyoti Barman
Advocate, Kolkata
19621 Answers
278 Consultations

5.0 on 5.0

In the ancestral property she will get equal share in her father's share. Where initially her name was dropped from the list only two sons and mother name were involved, here do you have anything in writing from her that she do not want her share, then something can happen in your favor.

 

You have Divided property accordingly Huf and Indian succession act.

Ganesh Kadam
Advocate, Pune
9724 Answers
80 Consultations

4.9 on 5.0

She has equal right over the same by birth as per the SC judgement on interpretation of the 2005 amendment in HSA. 

Prashant Nayak
Advocate, Mumbai
18708 Answers
34 Consultations

4.6 on 5.0

1. For a property to qualify as "ancestral property", the property must be atleast Four generations old.

2. Property gets transferred to:
a) Son-1: 33.33%
b) Son-2: 33.33%
c) GM: 33.33%
d) Daughter: 0% since rights are relinquished and now time barred.
BY VIRTUE OF SAID TRANSFER, the property becomes "self-acquired" at the hands of Sons & GM.

3. Son-1 has expired:
ONLY children/s of Son-1 are entitled to receive /claim their Father's share and NOBODY else.

4. GM expired (presumably without WILL):
GM's 33% share will now be EQUALLY divided between:
a) Son-1's legal heir : 11.11%
b) Son-2 : 11.11%
c) Daughter : 11.11%

5. Daughter legally cannot claim any further.


6. Grand Children of GM, CANNOT directly claim anything from GM's property, other than specified in point no, 4(a).

Hemant Agarwal
Advocate, Mumbai
4366 Answers
23 Consultations

5.0 on 5.0

What document executed to registered in three heirs name ? Release deed ? If not than daughter have 1/4th share in total and on GM demise, 1/3rd share in her 1/4th share. 

Since the property in ancestral, the share is further reduced and will inherit in great grand children.

But 1/3rd share each have whcih will further distribute in their children. 

Yogendra Singh Rajawat
Advocate, Jaipur
18591 Answers
22 Consultations

4.6 on 5.0

See as per the law on intestate succession after 1956 act daughter has right on the property of the father so technically your father's sister has right in the property along siblings and her mother also she has share from grandmothers share. 

Shubham Jhajharia
Advocate, Ahmedabad
24365 Answers
96 Consultations

5.0 on 5.0

You have been rightly advised by those lawyers that she has 1/9th share in the property, if she has relinquished her earlier rights in the property.

Siddharth Jain
Advocate, New Delhi
5448 Answers
61 Consultations

5.0 on 5.0

If daughter executed relinquishment/release deed then she cannot claim her share.

Mohammed Mujeeb
Advocate, Hyderabad
15613 Answers
7 Consultations

4.5 on 5.0

1. Th said property originally belonged to your grandfather.

 

2. After his demise, intestate, the said property of your grandfather was to be equally inherited by his wife, two sons and one daughter.

 

3. If anybody declined to accept his/her share of the said property, he/she was required to register a relinquishment deed in connection with his/her share of the said property

 

4. You have stated "Before my grandmother died, this property was registered to have three heirs the two sons and one share for my grandmother" The property stood in the name of your grandfather who died intestate. So, how his said property was registered to have three heirs? What document/deed  was registered for  conveying the title of te property in favour of two sons and the grandmother? Who had registered the said deed of conveyance?

 

5. If it was not registered by your grandfather, then his daughter will have equal share on the property of your grandfather.

 

6. If your Grandfather had conveyed the title of his property in favour of his two sons and wife and the said wife being your grandmother has died intestate, then the said daughter of your grandmother will claim equal share of her mother's share of the said property of your deceased grandfather.

Krishna Kishore Ganguly
Advocate, Kolkata
24048 Answers
662 Consultations

5.0 on 5.0

Daughter has not executed any relinquishment deed to relinquish her share in property 

 

2) she is one of the legal heir of the property 

 

3) her signature is necessary for sale of property 

Ajay Sethi
Advocate, Mumbai
74626 Answers
4464 Consultations

5.0 on 5.0

1. See can challenge same before the court .

2. If court divide property again.then accordingly share of mother shall be decided and shared.

3. See can claim sale consideration and her signature are required.

Shubham Jhajharia
Advocate, Ahmedabad
24365 Answers
96 Consultations

5.0 on 5.0

She has signed initially bas witness, so this doesn't mean that she has transferred her share on rest of the legal heirs name.

She has rights in the property, she has rights to take share as per Indian succession act and Hindu undivided family act.

 

She may file fraud, misrepresentation and coercion as per the Indian Contract Act.

 

If you want to give her small amount of share than there is also way to bring her on table and make story that land is already sold and government may acquire more than 50% share in the government school reservation or bio farming project etc.

Ganesh Kadam
Advocate, Pune
9724 Answers
80 Consultations

4.9 on 5.0

1. Yes your advocate is absolutely right the property of grandmother will equally devolve among her children so her daughter will get 1/3 share from her property as she is also legal heir of her mother. 

2. The property partition deed was signed for partition among three legal heirs that is your grandmother, uncle and father so she cannot claim share from property of your uncle and father but she can definitely claim share from her mother's property. 

Mohit Kapoor
Advocate, Rohtak
8007 Answers
2 Consultations

5.0 on 5.0

If she has agreed the same with a registered partition deed then that will be admissible and she will get the same as per the said deed. 

Prashant Nayak
Advocate, Mumbai
18708 Answers
34 Consultations

4.6 on 5.0

First of it should be settlement or release deed and not partition. Secondly, daughter should have executed it instead of being a witness. Deed invalid.

Mother had only 1/4th share which on her demise inherited in her children by 1/3rd each. Signing as a witness dose not mean renouncing her inheritance right, daughter is class I heir of father and mother.

She will sign as a seller and entitle to 1/3rd of sale consideration.

Yogendra Singh Rajawat
Advocate, Jaipur
18591 Answers
22 Consultations

4.6 on 5.0

Dear Madam,

Yes, this was made possible by the amendment of the Hindu Succession Act, 1956 which originally didn’t give daughters equal rights to ancestral property. The government amended the law and removed the disparity on September 9, 2005 and established that now a daughter also would acquire ownership rights on the property from the time of her conception.

Thus, daughter has been made coparcener like sons and now she has the same rights of partition and power to deal with the property as she pleases. Like any coparcener she can seek a partition and sale of the family home as well as long as these are ancestral properties or joint family properties.

 

Now, daughter becomes a coparcener in a Hindu Coparcenary and has the same rights in the Coparcenary property as she would have had if she had been a son. However, whereas the amendment vested her with the right on the ancestral property, it also asks her to fulfill the obligations as it puts similar liabilities that it puts to sons.

 

The Amendment has retrospective effect

The established law is that the amended section 6 of the Hindu Succession Act applies to daughters born prior to June 17, 1956 or thereafter (between June 17, 1956 and September 8, 2005), provided they are alive on September 9, 2005, that is on the date when the amendment act of 2005 came into force.

Thus, section 6 of Hindu Succession Act, 1956 which was amended by the Amendment Act of 2005 has retroactive effect and do not and cannot impinge upon or curtail or restrict the rights of daughters born prior to 9 September 2005. Now, there is a complete parity in terms of rights and there is no disparity between son and daughter when it comes to inheritance in ancestral property.

 

What are the legal rights of a married daughter over ancestral property seven years after her parents’ death?’ 
The Hindu Succession Act, 1956, was amended in 2005 to give daughters an equal share in parental property. In case of ancestral property, a daughter now has a share in it by virtue of birth, while self-acquired property is distributed as per the provisions of the will. If the father passes away without a will, she has the same rights as the son in both ancestral and self-acquired property.

The marital status of the daughter is immaterial, and a married daughter has the same rights as an unmarried one. However, it is important to note that if the father died before 2005, a married daughter will not have any right over ancestral property, while the self-acquired property will be distributed as per the will. So, if your father died before 2005, you will have no right over ancestral property, but if he died after 2005, you have a legal claim over it. Moreover, the legal right of inheritance never dies, irrespective of the time elapsed. So, as a legal heir, you can file a suit in the court to enforce your right to the property even after seven years of your parents’ death.

Netravathi Kalaskar
Advocate, Bangalore
4953 Answers
25 Consultations

4.8 on 5.0

Basically this is not ancestral property.

Your lawyer is right that since the property was registered on the names of two sons and the mother of the son alone leaving out the daughter, the share of the property that was allotted to the mother of the sons shall devolve equally upon her own legal heirs namely her sons (including the legal heirs of the deceased son) and the daughter.

Therefore the daughter is entitled to 1/9th share in the property out of the share of her mother who is reported to have died intestate.

 

T Kalaiselvan
Advocate, Vellore
64580 Answers
836 Consultations

5.0 on 5.0

The daughter signed as a witness only  to the registered partition deed and never relinquished her rights out of her father's proeprty.

Hence there is no legal infirmity if she claims her share out of her father's property even now because partition can be claimed anytime and it is not barred by limitation.

There is a supreme court judgment that the attesting witness to a registered document  need not know the contents of the document she or he has signed as witness, hence she can claim innocence of the contents of the document in her claim for her share in the property if she files a partition suit seeking her share out of her father's property.

Instead of starting the entire process of partition once again, you may arrange for an amicable settlement with her so that the issue do not escalate to the court of law with multiple proceedings.

T Kalaiselvan
Advocate, Vellore
64580 Answers
836 Consultations

5.0 on 5.0

The daughter refused to take hwr share initially therefore the property was distributed excluding her. Now she can only get a share from her grandmother. This is the correct legal position.

Rahul Mishra
Advocate, Lucknow
8037 Answers
15 Consultations

5.0 on 5.0

She should have signed a relinquishment deed. Instead she is only a witness to a partition deed. This does not take away her rights as she can conveniently say that she was made only a witness and not a party.

Rahul Mishra
Advocate, Lucknow
8037 Answers
15 Consultations

5.0 on 5.0

In complicated situation, she can claim all her rights by saying that she was misguided at that time.

In normal situations she cannot claim right in father's property as she had relinquished that.

Legally in her mother's property daughter has 1/3rd right, not 1/9. This is the only right available to her as on date. 

Gopender
Advocate, New Delhi
168 Answers

4.9 on 5.0

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