Daughter's right in ancestral property
My Father-in-law has two sons and three daughters. All children are married. He has an ancestral property( i.e. agricultural land) in Agra, Uttar Pradesh. I wants to know whether the married daughters are entitled to get share in the property. What is the latest law in this matter? Do the sons have the right to sell the property directly without intimating daughters? What my father-in-law can do in this regard to avoid any dispute after him? Does a registered Will supersedes the natural succession laws? Kindly advice.
Asked 4 years ago in Property Law from new delhi, Delhi
daughter have equal right as that of son,son can not sold without informing the daughter
Advocate, New Delhi
Daughters have an equal and indefeasible share in the ancestral property. So it cannot be sold by brothers without the concurrence of their sisters. If brothers attempt to sell the land in a manner which defeats the rights of sisters then the latter may move to court and obtain a stay order against the sale. Once the agricultural land is divided in accordance with law your father-in-law cam make a will of the property falling to his share.
Yes, the daughters have equal share in the property along with their brothers.
So do not sell the property without depriving their share as sale in such circumstances will not be completed and you may have to compensate both the buyers and the left out co-sharers.
Daughters have equal share over the property, hence without their consent or release the right, you can't sell the property and your father in law can make a will for only his share not on whole property.
1) daughters have equal share in ancestral properties .
2) property cannot be sold without their consent .
3) your father in law can make a will only in respect of his share in the property
1. The daughters will get equal share of the property if your father in law dies intestate,
2. If your father in law executes a Will bequeathing his property to some body, then the said legatee will get the property as per the Will,
3. Your father in law can execute a will now to bequeath his property to any one & register the same.
Follow-up question is :
My Father-in-law wants to know that whether he should sell the property right now and divide the
money equally among all the heirs or He should make a registered Will for equally dividing the share
among all the heirs/ Which option is better to avoid any dispute in future?
Asked 4 years ago
Better he execute a family deed of settlement or partition. Do register the deed.
1)if father in law sells the properties now and give them to children what is the guarantee that children will look after him in his old age?
2) better make a will for equal division of properties after his death