If you're family comes under the HUF than first HUF needs to dissolve and get individual legal heirs share.
Or its not registered under HUF than can perform partition deed among all siblings and with father and mother share in it.
Regarding family property
Family consists of mother father 3 sons and one doughter Doughter has got married Is it possible to take shaer of joint family
Asked 3 years ago in Property Law
Religion: Hindu
15 Answers
During parents lifetime daughter has no share in joint family property
on demise intestate she would be one of legal heirs
Yes if the property is self acquired and the owner dies without will then daughter is entitled to receive her share
- what do you mean by joint family?
- If there is HUF , then without dissolving , and partition none can take share in the property.
- Further , if there is no HUF , then after the death each will have equal rights over the property .
- You have to opt for partition.
- You have to serve a legal notice to all other coparceners of your intent for partition, calling upon them to arrive at a partition settlement.
- If all coparceners are agreeable to partition, a partition deed is to be executed.
- In the eventuality of other coparceners not willing to partition, you will have to file and plead a partition suit before the civil court
In the case of joint family(ancestral) property sister has equal rights on the property.
Married daughter is not considered as a part of joint family before 2005 Amendment in Hindu Succession Act.
But after 2005, a daughter continues to be a coparcener of her father’s family, having all the rights and privileges as of a coparcener, she can demand partition of her father’s Hindu Undivided Family property.
Therefore, yes, it is possible for her to get a share in the joint family property by asking for a partition or by inheritance after the father's death.
If the property is on the name of the father alone, then it cannot be considered as family property.
In that case nobody has rights to claim any share in the property at least not during the lifetime of the father.
If you mention that it is a HUF property the even the married daughter has a right over the property for her share.
The property belongs to the girl too. Yes you are a legal heir and will get a share.
Yes it is possible that daughter can claim share from joint family property but it will depend on factor that property is self acquired by parents or is ancestral property.
Daughter have an equal birthright to inherit joint Hindu family property.
in self acquired property of your parents, they have every right to deal with the said property as per their wish.
Yes she is all liable to get equal share.
Dear Sir/Madam,
You are suggested that the daughter can demand the share in the properties.
Please write in detail.
