• Daughter's right in father's and brother's property

My father has 4 brothers 4 sisters, the youngest sister is 47 years old. my father and his brothers and grand father have been working on joint business for more than 30 years now. They have partnership deed as equal partners. Grand father died in 1998. Grand mother died in 2012. No will. 

Daughters have filed a law suit against my father and his brothers claiming equal share in all property. 

What rights do they have in this property? Can they claim a share in all property? All property have been bought after the brothers and grand father joined the business.
Asked 1 year ago in Property Law from United States
Religion: Hindu
1) on grandfather demise his share in partnership firm would devolve on his sons and daughters 

2) each daughter would have one nineth  share 

3) if grandfather left any immovable property they would have equal share in his property 
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
1) if property has been bought from joint family business daughers would claim it was bought for benefit of family 

2) what is important is source of funds 

3) since grand mother was a house wife and not working daughers would claim equal share in property 

4) similarly property bought in son name daughter would claim equal share 

5) better reach an amicable settlement with the daughters 

6) partition suit would take more than 10 years to be disposed of 
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
1. The daughters qualify to succeed to the share of your grandfather in the partnership business (unless the partnership deed contains a provision to the contrary) and the properties of your grandmother as both of them died without making a will. 

2. The daughters have no share in the property which has been registered in favour of any of their brothers. Their share is confined to the properties registered in favour of their demised parents.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
1. Property bought out of partnership business is considered to be self acquired property of the partner and hence liable for partition in equal share among all the legal heirs.
2. If the partition suit is filed by the sister and it's proved that the property standing in the name of brothers were bought from joint fund of the partnership business then the said property will also be partitioned in equal share.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
The daughters can legally claim only in the share of grandfather property. If the property is bought by using the money from partnership firm and also it was in the name of grand father they have legally entitle to get 1/9 share . The claim of the daughters in the properties of brothers (The title deeds of properties in favour of brothers ) not legally sustainable if they can win to prove it purchased the brothers by way of using the money from partnership firm. In such case the daughters have to prove the properties purchased the brothers by using the money from partnership business.The properties in the name of grand mother also  equally divided in between brothers and sisters and each one can get 1/9th share .

Solutions:- 
1.	Settle the matter amicably ( or )
2.	File a partition suit              (it will take time )
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0
1. Daughters, along with Sons are entitled to equal share in the properties owned by their parents, since their parents have died intestate.
2. All the children, i.e., 5 Brothers and 4 Sisters are entitled to have 1/9th share each in the self acquired property of their parents.
3. Daughters can not claim the properties owned by their brothers.
4. Even though all the immovable properties might have been bought with the money made from joint business profit, wherever and in whichever documents the parents' names are shown as absolute owners of such properties, then the daughters are entitled for equal share, along with their brothers in their parents' property, in the absence of 'WILL' and since the parents' have died intestate.
5. All the 5 brothers and 4 sisters are legally entitled to 1/9th share in their parents' property.
6. There may not be any property on daughters' names, but still daughters are entitled to equal share on par with their brothers in their parents' property.
Shashidhar S. Sastry
Advocate, Bangalore
1236 Answers
59 Consultations
5.0 on 5.0
Daughters have filed a law suit against my father and his brothers claiming equal share in all property. 
What rights do they have in this property? Can they claim a share in all property? All property have been bought after the brothers and grand father joined the business.

You have mentioned that they have partnership deed mentioning all as equal partners.  But you have not mentioned that whether this deed was for the business firm o even for the properties acquired through joint business.  Whether the property was of joint HUF ?Whether those daughters have been included as partners in the business or not?  On whose names the properties were bought or is standing now?
If the properties were lying on your grandfather's name alone and he died intestate, then the daughters have a right to a legitimate share in the property.  However, if the properties were bought out of the joint business, the partnership deed contents are to be seen about the property and profit sharing to render a proper opinion to this question.



T Kalaiselvan
Advocate, Vellore
13984 Answers
127 Consultations
5.0 on 5.0
1. All immovable property have been bought with the money made from the joint business profit. Would that mean the daughters can only claim 1/9th of 1/6th(5 sons+ grand father) of any property value?
As explained above, if the properties were bought on the name of grandfather alone though the funds were out of joint business, the daughters are eligible for an equal share to that of sons, but if bought on individual's names, then they may be entitled to a share out of their father's individual share in the property.  In any case they may not be avoided without allotting with any share in the property.  Therefore, a amicable solution involving all family members would be a better step to solve his issue. 



2. Also many property have been bought on specific son's name and a couple of land under grand mother name. what claim do daughters have on those. There are no property on daughter's names specifically.

The daughters have an equal share in their mother's intestate properties to that of their brothers. However they cannot claim a right or share in the brothers individual properties. 


T Kalaiselvan
Advocate, Vellore
13984 Answers
127 Consultations
5.0 on 5.0
1. There has been a sensational Judgement passed on Dt. 16.10.2015 by the Hon'ble Justice Adarsh Kumar Goel of Supreme Court in Civil Appeal No. 7217 of 2013 ..... Prakash & Ors    Vs. Phulavati & Ors which states that Daughter is not entitled to any share of her father if he has demised before 2005. So, based on this the daughters can not claim heir shares in the properties, share of business of their father since he had dies before 2005,

2. Other properties and share of business are in the names of the brothers on which their sisters can lay no claim as such.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0
1.Daughters can no longer claim any share on their father's property is father has died before 2005 as per the latest Judgement passed by the Supreme Court on 16.10.2015 as posted above,

2. This is a sensational Judgement which has barred daughters' claiming shares of their fathers' properties who died even before 2005.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0

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
13984 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
434 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2737 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0