• Daughter’s rights

My father inherited some property from his father, i.e. my grandfather.

He passed away in 2012 leaving behind 2 sons and 1 daughter. 

My brothers claim that he registered a Partition deed cum Will in 1991 where he allotted his inherited properties to the 2 brothers and hence I cannot stake a claim to the property.

Does this mean that the 2005 Amendment that gives daughter fair and equal rights will not be applicable?

Amrita
Asked 3 months ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

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11 Answers

1. Since it is the inherited property the daughter has equal share in the property along with her brothers.

2. Therefore in this case the daughter can very well file a suit for partition and claim her due share. 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
364 Consultations

5.0 on 5.0

Dear mam,

1.Under Hindu law, a Hindu male or female can make the will for the property, including that of a share in the undivided Mitakshara coparcenary property, in favour of anyone. This should be valid and legally enforceable. The distribution will be under the provisions of the will and not through the laws of inheritance. Where the will is not valid, or not legally enforceable, then property can devolve through the law of inheritance. 

2. If the will is not legally enforceable, As per Hindu Succession Act, daughters have equal right in family property as that of sons. 

Thank You!

Anik Miu
Advocate, Bangalore
2729 Answers
27 Consultations

4.9 on 5.0

If father during his lifetime had executed registered partition deed in favour of sins you would have no share in property 

Ajay Sethi
Advocate, Mumbai
84384 Answers
5530 Consultations

5.0 on 5.0

1. Here the point to be considered is, whether the property was the self acquired property of your grandfather or that was inherited from his forefathers?.

2.  Assuming that the property had been inherited from one generation to other generation till your generation, then if the partition deed had not been registered till 2005, then you will have equal share and right in the ancestral property.

Shashidhar S. Sastry
Advocate, Bangalore
3807 Answers
227 Consultations

5.0 on 5.0

- As per law, after the death of your father intestate , his property would be devolved upon all the legal heirs equally. hence if mother not alive , then you three will have 1/3rd share in the property. 

- However , if your father during his life time has executed a registered partition deed in favour of his two sons, then you cannot claim any right over the same, being the self acquired property of your father. 

- After getting the property from your grandfather , it will considered as your fathers self acquired property , and by this way he was having his right to transfer the property to any one . 

- However , if the partition deed is not registered , then you can claim 1/3rd share in the property . 

 

You can contact me , If further suggestion needed. 

Mohammed Shahzad
Advocate, Delhi
8182 Answers
86 Consultations

5.0 on 5.0

This is not an ancestral property hence the property can be termed as your father's own and absolute proeprty.

The law what you refer is applicable only to the ancestral properties.

Therefore if there was a registered partition deed executed b y your father during his lifetime favoring only his sons, then as a daughter you cannot claim any share in it as a right. 

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

I stand with my opinion that this is not ancestral property.

Besides this property was partitioned among his sons by your father way long ago, therefore your claim for a share in it as a right may not be maintainable.

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

Daughter has no share in property wherein registered partition was done in 1991

Ajay Sethi
Advocate, Mumbai
84384 Answers
5530 Consultations

5.0 on 5.0

1. Daughters have equal share of their deceased father's properties.

 

2. If there is a will executed by your father in favour of your brothers, they shall have to apply for the grant of probate of the said will.

 

3. File a partition suit claiming your share of your deceased father's properties at the earliest.

Krishna Kishore Ganguly
Advocate, Kolkata
26070 Answers
726 Consultations

5.0 on 5.0

1. If there is a will, they shall have to obtain probate for the same. Without probate, will has no value more than a scrap paper.

 

2. You can conduct a property search to find out whether there was any such will or not registered before the Registrar,.

 

3. Even if there is a registered will, it can be challenged by you claiming it to be executed under influence/coercion.

 

4. However, just file the partition suit and in that case they will have to file copy of the said so called partition deed cum will which they are claimed to have been registered by your father to enable you to challenge the same.

Krishna Kishore Ganguly
Advocate, Kolkata
26070 Answers
726 Consultations

5.0 on 5.0

He can't do partition deed of ancestral property for your share. You can still stake claim on it. 

Prashant Nayak
Advocate, Mumbai
24476 Answers
52 Consultations

4.4 on 5.0

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