Under the Hindu law, property is divided into two types: ancestral and self-acquired. Ancestral property is defined as one that is inherited up to four generations of male lineage and should have remained undivided throughout this period. For descendants, be it a daughter or son, an equal share in such a property accrues by birth itself. Before 2005, only sons had a share in such property. So, by law, a father cannot will such property to anyone he wants to, or deprive a daughter of her share in it. By birth, a daughter has a share in the ancestral property.

1. As per law, now a daughter whether married or unmarried is having equal share in the Ancestral property i.e.  an equal share in such a property accrues by birth itself. Before 2005, only sons had a share in such property. 

- Further , the Supreme Court has recently said that a daughter's right to ancestral property does not arise if the father died before the amendment of Hindu law that came into force in 2005.

- In other words, the father would have to be alive till September 9, 2005, for the daughter to become a co-sharer of his property along with her male siblings.

- Hence, the daughter cannot claim her right on ancestral property , if her father has expired before 2005

2. No right for daughter and grandchildren. 

1. The amendment to the Hindu Succession Act, 1956 was amended in 2005. 

2.  To claim equal share in the ancestral property by daughters on par with their brothers, the Hon'ble Supreme Court gave judgement that both the father and the daughter to be alive as on Ninth September Two Thousand Five. However in another Hon'ble Supreme Court judgement, the judge ruled that irrespective of the date of death of the Father and Daughter, the Daughter will be entitled to equal share on par with her brothers. Since there has been ambguity in the decision, the matter has been referred to a larger bench and their opinion is awaited.

1) daughter cannot claim share in ancestral property if father died before 2005 

2) no children also cannot claim share 

Karta can take loan for benefit of joint family and for legal necessity 

1. If it were to be a HUF, then the Karta can take loan mortgaging the property belonging to HUF for making use of the fund in the interest of joint family necessites, like children's education, medical treatment of a member, etc.

2. If you want to lodge a complaint, then complain to the Ombudsman of the Bank.

Thank you.

Yes she can claim equal right on ancestral property before 2005 only if there was no legal partition carried out of the same. 

Yes children can claim mothers share only. 

You can recover the same from karta and file complaint to income tax authority and claim dissolving huf through court

1. The answer is no. The amendment has only prospective effect making her entitled only if father does after 2005.

2. The amendment has no applicability o  property owned and left by a woman.  All her property is considered to be her self acquired property giving equal rights to both sons and daughters. 

As per the latest amendment,  no is the answer under both the situations. 

If loan is taken for the purpose of HUF then no complaint would be maintainable anywhere. 

RBI is not a complaint registering authority or a police station. 

If there's any fraud found to have been played by the karta then the coparcener can take action as per criminal law. 

Yes she can. Her children can also ask for a share as she ia also a coparcener.

They can file for partition as don't want to share the debt.

The institution which gave the loan can be informed that the loan has not been taken with the consent of the coparceners.

Yes

Not in ancestral property but in self acquired.

For the benefit of HUF, karta can take loan. No role of RBi

Hindu Succession Act was amended for the rights of women effective from September 2005 .

If father dies before September 2005 then women do not get shares and not enforceable under the law.

Co parceners may file partition suit  before Civil Court for division of property and thereafter all of you fix up your share.

Yes, they are eligible.

Hello!

1. According to the 2 judge bench of the Hon'ble Supreme Court in Prakash v. Phulavati (2016), the daughter cannot claim a share if father has passed away before 2005. 

However, according to another 2 judge bench of the Hon'ble Supreme Court in Danamma @  Suman Surpur v. Amar (2018), a daughter can. 

It is infact a controversial issue as of now and the matter is actually pending before a three judge bench of the Supreme Court in Vineeta Sharma v. Rakesh Sharma. The hearing is completed and the judgment should be out soon in a few weeks. Most probably the rule in Prakash v. Phulavati (2016) would be upheld. 

2. No. If the mother has passed away before 2005, her children cannot claim a share.  

Reply to follow up question:

You can challenge the mortgage before the civil court if the loan was not for the necessity of the family. 

RBI is not the right authority to deal with such matters. 

daughter cannot claim right in ancestral property if father passed away before 2005 i.e. before the date of the amendment.. 

karta can take loan only for the benefits of HUF. . 

1. As per judgement of tuesday august 11 supreme court held thay daughters will have equal share in ancestral property of father even if father have expired before 2005. 

2. Yes daughter can claim her share.

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