• Married daughter's right on property in India

Respected Sir/Madam

I have a query regarding my claim, as a married hindu woman, on my father's properties. I have two brothers and a sister. My father purchased a house during his lifetime and also inherited a house and a plot of land in our village after my grandfather's death. My father passed away in 1985 and left no will. 

As per the 2 November 2015 Supreme Court ruling on the 2005 Amendment to the Hindu Succession Act 1956, the father and daughter would have to be alive as on 9 September 2005 to stake a claim on ancestral property.

Now my brothers are denying us (me and my sister) a right on all three properties stating that these would be ancestral property and hence as married daughters we have no right on these.

Please clarify whether

1) All three properties would be considered ancestral property or the house purchased by my father would be considered self-acquired

2) Would the daughters have equal share in any of these properties

3) Can these properties be sold or transferred without the daughters' consent

4) If we have a right on property, please advise how can we proceed to stake claim

Request you to please clarify the rights of a Hindu married woman on family property. Looking forward to a positive response.

Regards
Rashmi Ranjita
Asked 1 year ago in Property Law from Ahmedabad, Gujarat
Religion: Hindu
1) these properties are not ancestral property 

2) property inherited by your father on your grandfather demise would be his self acquired property 

3) the judgement of SC is not applicable to self acquired property 

4) you have one fourth share in all the properties . I presume yiur mother predeceased your father 

5) if brothers refuse to give you your share file suit for partition to claim your share in the properties and obtain an injunction restraining your brothers from selling the property 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
1. The house or any other property which your father acquired not received in inheritance is his self earned property and the same is liable for division in equal shares irrespective of his date of death.
2.same as above.
3. Only ancestral properties could be transferred without your consent.
4. You can file a suit for partition and separate possession to get your due share in respect of his self acquired properties.
Devajyoti Barman
Advocate, Kolkata
5131 Answers
54 Consultations
4.9 on 5.0
1. The property bought by your father is the self acquired property of his and upon his death, your mother (if alive), you, your two brothers and your sister are entitled to equal share in the property, since your father has died intestate (without executing a WILL). If  your mother is alive, then each one of you is entitled to 1/5th share in your father's self acquired property. In case your mother is not alive, then each sibling is entitled to 1/4th share.
2. To qualfy a property as an ancestral property, the property should have traversed for 4 generations without any division or partition during its traverse from great grand father to great grand son/daughter.
3. Based on the above explanation to ancestral property, you can arrive at a decision whether properties left behind by your father belongs to ancestral or self acquired properties or both. To answer your particular property reference as ancestral property, more details from you are needed.
4. If the properties were to be your father's self acquired property and since he has died intestate, all the legal heirs are entitled for equal share and the property cannot be sold without your consent.
5. To get your rightful share file suit for partition.
Shashidhar S. Sastry
Advocate, Bangalore
1231 Answers
59 Consultations
5.0 on 5.0
1. The property bought by your father is the self acquired property of his and upon his death, your mother (if alive), you, your two brothers and your sister are entitled to equal share in the property, since your father has died intestate (without executing a WILL). If  your mother is alive, then each one of you is entitled to 1/5th share in your father's self acquired property. In case your mother is not alive, then each sibling is entitled to 1/4th share.
2. To qualfy a property as an ancestral property, the property should have traversed for 4 generations without any division or partition during its traverse from great grand father to great grand son/daughter.

3. Based on the above explanation to ancestral property, you can arrive at a decision whether properties left behind by your father belongs to ancestral or self acquired properties or both. To answer your particular property reference as ancestral property, more details from you are needed.
4. If the properties were to be your father's self acquired property and since he has died intestate, all the legal heirs are entitled for equal share and the property cannot be sold without your consent.
5. To get your rightful share file suit for partition of your share in the property.
Shashidhar S. Sastry
Advocate, Bangalore
1231 Answers
59 Consultations
5.0 on 5.0
1.None of those are ancestral properties. Properties whose title passes uninterrupted for 4 generations without any will r settlement/gift/sale deeds fro great grandfather to great grandchildren are called ancestral properties,

2. Daughters will have no share on those properties,

3. Yes, these properties can be dealt with by the brothers without the consent of the daughters,

4.No. You do not have any right on those properties.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
1. Inherited property is at par with the self acquired property. The property purchased by your grandfather, inherited by your father, is not ancestral in character. So the SC judgment does not apply to your case. On the demise of your father all his heirs i.e widow and children succeeded equally to the self acquired and inherited property of your father. The share of daughters is equal to the share of sons.

2. Any one of the heirs of your father can file a lawsuit for partition to cull out his/her share in the property. 

3. Without the consent of daughters the properties cannot be sold or transferred if the partition has not taken place.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
Now my brothers are denying us (me and my sister) a right on all three properties stating that these would be ancestral property and hence as married daughters we have no right on these.

Your brothers are wrong to say that you sisters do not have right in the properties that were in your father's name  who died intestate, you have a legitimate share in the property.





1) All three properties would be considered ancestral property or the house purchased by my father would be considered self-acquired
A share of your grandfather's self acquired property inherited by your father shall not be an ancestral property to you or your brothers, it shall be your father's own property along with his self acquired properties. 




2) Would the daughters have equal share in any of these properties
Yes the daughters have equal share in the said properties to that of the sons. 




3) Can these properties be sold or transferred without the daughters' consent
No it wold be considered as an illegal act, the daughters can take an injunction against it.




4) If we have a right on property, please advise how can we proceed to stake claim
You can file a partition suit and claim an equal share in the property.
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0
Hi, as far as property purchased by your father you have right over the property and it is not a ancestral property.

2.  As far as ancestral property  you have no right to claim properties which is inherited by your father.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0

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