• Daughter's rights on ancestral property partitioned by father

Property from grand father to father including business,movable and immovable assets-not willed. Father partitioned all properties to only 2unmarried 24yrs old and8yrs old sons leaving behind all unmarried daughters last one being6yrs old.then doing businesses with sons and mother. Acquired so many properties in his name died on2012. Can daughters claim equal rights on properties
Asked 1 year ago in Property Law from Erode, Tamil Nadu
Religion: Hindu
1) it is not ancestral property .

2) on grand father demise your father inherited property .

3) your father is free to dispose property as he please .he can gift properties to his sons if he so desires 

4)since father died intestate on his demise daughters would have share in properties standing in his name 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
1. No, the said properties are not called ancestral properties. Those are paternal properties of your father,

2. Your father being the absolute owner of the said properties can deal with it in any way he deems fit and no body can claim his/her share on those properties,

3. The said daughters left out can not claim any share of their father's properties.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. Has he registered the said partition deed?

2. If not, then the daughters can claim their share after the demise of their father on the ground that the partition deed was not registered hence invalid.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. You have once stated that he has already partitioned it amongst his sons,

2.If the said partition deed is not registered, he can not sell the same or execute an will for the said partitioned properties,

3. If the partition deed is not registered, he can sale it or write a will for the said properties.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. This property is not ancestral as the father inherited it from his father. As a corollary thereto, he had the right to divide it according to his wish.

2. Unless the daughters can prove in the court that the property was originally acquired by the great grandfather they cannot challenge the partition made by their father.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Yes, the daughters have equal shares in the property left by his father and the father has no right to partition the ancestral property depriving the daughters.
The daughters can now file suit for partition to claim their due share.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Hi, if the property is an ancestral property of your father then all the legal heirs of your father have right over the property.

2. You have to file a suit for partition for your share in the property.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Once the grandfather's self acquired  properties came into the hands of your father by partition or family settlement arrangement or by inheritance as a legal heir, the property becomes his own and absolute property. So he has got full rights to dispose the properties in any manner and to any person of his choice. There is no compulsion r law that he has to give equal share to his daughters also out of his own property during his life time and nobody can force him to do so. 
If upon his death some properties have been left out intestate without any arrangement or testament, that properties will automatically devolve equally upon all his legal heirs namely, his wife, children and mother.  Therefore the daughters have a legitimate equal right in such properties which are intestate upon his death. 
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0
In your case the property is not come under the purview of Ancestral property. Daughter can claim equal share on the property of father . If the title deed is registered in your fathers name ,he can sell those properties any time to anybody. 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
Yes ,all daughters can claim right if it is ancestral property n if dey r alive on 9th sep 2005 as per central amendment and per recent ruling of apex court.

You haven't clarified whtr its ur grandfathers self acquired or ancestral property which forwarded to ur father.


For entire minute details- do visit LegalHelp.com page article dedicated to the topic Daughters Right on facebook.
Kshitija Wadatkar Wankhede
Advocate, Greater Mumbai
29 Answers
7 Consultations
Not rated

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0