• Step daughter's share in property of father who died intestate

In 1996, my father was died intestate. He had property where my mother and I resides currently. The property was not ancestral. The property was built up by his own earning. In 2007, my three step sisters (whose mother was died in 1982, and my mother got married with my father in 1983) has filed a civil suit to claim their shares in the property and other assets.

Still the case is pending and at hearing stage.

I want to know, now as per recent judgement of Supreme Court in case of Prakash v Phulavati of 2010, whether they have right on property. Because the amendment was done in 2005 and at that time my father was died.

And if the answer is yes - they have right, then they can force us to sell the property where we are residing. 

Thank you.
Asked 1 year ago in Property Law from Ahmedabad, Gujarat
Religion: Hindu
1) the Karnataka High Court had held that daughters would be entitled to equal share even if father had died prior to September 9, 2005, when litigations over partition were pending in courts.

2) The text of the 2005 amendment, the apex court said, itself clearly provides that the right conferred on a ‘daughter of a coparcener’ is ‘on and from the commencement of the Hindu Succession (Amendment) Act, 2005.”

3) All that is required is that daughter should be alive and her father should also be alive on the date of amendment,” the apex court said.

4) the judgement of SC is not applicable to your case as property is not ancestral 

5) it is your own case that property is self acquired of your father 

6) on your father demise you have one fifth share in property . daughters can file suit for partition to claim share in property 
Ajay Sethi
Advocate, Mumbai
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1219 Consultations
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Since there is still partition suit pending, you can not sell the property before the final decision.
I would advise you to wait till the court gives final verdict.
Devajyoti Barman
Advocate, Kolkata
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54 Consultations
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Since the property was not ancestral the SC ruling does not apply to your case. The SC judgment takes within its sweep only and only the ancestral property. In self acquired property the share of daughters is equal to that of sons regardless of the date of birth of daughters or the date of demise of the father.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
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The daughters have legal rights and interest in their father's intestate properties.  This fact cannot be denied that they are also his legal heirs among other legal heirs.  Therefore they are also entitled to an equal share i the intestate property left behind by their father.  
The supreme court ruling what yo refer to here has no relevance to your case. You may first go through the judgment fully and understand the law involved in it properly, you will yourself find that the current case has no relevance to it.  
Since they too have legitimate rights in the property, better sit and have an amicable talks with them for a peaceful family partition instead of the prolonged litigation in the court of law. 
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
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1. Since it is the self acquired property of your father and since he has died intestate, all the legal heirs of your father, i.e., you, your mother and 3 step sisters are entitled to equal share in your father's self acquired property.
In other words, each one of you is entitled to 1/5th share in your father's self acquired property.
2. Amendment to the Hindu Succession Act is for ancestral property and not for self acquired property and therefore your 3 step sisters are also on equal footing with you and your mother in respect of claim on the self acquired property of your father and they are entitled to equal share as that of other legal heirs.
3. Your apprehension of your 3 step sisters forcing you and your mother to sell the property where you are residing can be avoided by paying their share of money and get their relinquishment deed executed in favour of you & your mother.  
Shashidhar S. Sastry
Advocate, Bangalore
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1) partition can be done of the property 

2) if partition is not possible court may direct sale of property 

3) on their demise their share would devolve on their legal heirs 
Ajay Sethi
Advocate, Mumbai
23230 Answers
1219 Consultations
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1. Unless the property is partitioned it cannot be sold and possession given. They may file for partition to cull out their share in the property and then sell it after it has been partitioned.

2. After their demise their widowers and children will succeed to their share.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. Since you do not have enough money and if your step sisters force you and your mother to sell the property ask your sisters to give you sometime for you to take a decision.
2. In the mean time think practically whether it is possible for you to arrange money to give your step sisters or else all of you can take the decision of selling the property and appropriate the proceeds.
3.Your step sisters may ask you to divide the property by metes and bounds by getting a court order in their favour.
4. Even if the step sisters die, their spouse and children are entitled to the share of step sisters' property.
Shashidhar S. Sastry
Advocate, Bangalore
1238 Answers
59 Consultations
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I want to further know that currently, we (My mother and myself) do not have sufficient money to give them and we are residing in the same property (we do not have any other property) ,whether they can force (Legally) to sell the property to claim their money. 

They cannot force you to go out of the dwelling house, they have to file a partition suit and seek their respective shares in the property, the court will decide based on the ground realities about the division.



And if they died whether their sons/daughters have right on this property.
If they are entitled  to a share in the property, their legal heirs can claim succession rights on it. 
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0

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