Daughters have equal share in ancestral property as father died intestate
it is immaterial whether father gave lot of money during his lifetime to daughters
Sir, My name is Srinivas(Age60). I have two sisters of age 45 and 55 who are married. We have ancestral property in the name of my Paternal Grand father (Name Lachayya; Expired in 1975). My father(Name Venkayya) has built house in that property with his earnings, but the property title deed was not changed to my father name. My father expired in 2011. Now if we are selling the property do I need to give shares to my sisters equally. My father has given most of his earnings to his daughters only. After taking that amount, are they still eligible for ancestral property share.
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Daughters have equal share in ancestral property as father died intestate
it is immaterial whether father gave lot of money during his lifetime to daughters
Sir, But my father (Venkayya; Expired in 2011) has no title deed in his name. The property rights are in the name of my Grand father(Lachayya father of Venkayya). How can the daughters of venkayya are eligible for equal property if their father has no property in his name. And my grand father expired in 1975 before 2005 Act came.
As per the Indian law the sisters are eligible for the ancestral property equally as brothers but if you ca. prove that your father has already given a lot of share to them then you can avoid giving the share to them but this is not matter of right you need to prove this in court. Even after the receipt of property from father still your sisters can claim unless they have relinquished their rights or father has made a will to that effect
Your sisters are the legal heirs of your deceased father and coparceners in the ancestral property hence they are very much entitled to a rightful share in the property at par with you.
You cannot deny neither you are the authority to refuse to give them their share.
They would approach court of law with a suit for partition if you deny to allot their share and the court will divide the property into three shares and allot them one such share each.
Just because your father spent huge money towards them, they cannot be deprived of their constitutionally protected rights in the property.
Daughters have by birth share in ancestral property
on grand father demise property devolves on his legal heirs ie wife and children
on demise of father his share would devolve on his legal heirs
In that case even you cannot claim any share in the property .
The question is not about whether the property was transferred to your father's name or not.
Your father was entitled to inherit his father's property as his legal heir and out of his share in the property, upon yor father's intestate death, his legal heirs are entitled to inherit them jointly.
You cannot question the law which is very clear that the daughters have equal rights in their father's property or in the ancestral property.
Dear Sir,
As per the law of inheritance/ Hindu Succession Act, the property will go to your father after demise of the grandfather and from father to you and your siblings. Believe of not, amendment of 2005 and recent Supreme COurt on Succession in favour of women have caused a great concern to Indian Society and rift in the families increased. In the present circumstances of your issues, you need to prepare a family tree (Vanshawali) to showing all siblings and get the property transferred in the name of yourself and sisters. If the sister's give a willingness/relinquishment of thier share, the property can go in your sole name.
Dear Client,
As the property stands in the name of your father's father (Lachayya), who expired in 1975, and has not been divided or transformed into self-acquired property, it must still be ancestral property. According to Hindu law, the ancestral property is inherited up to the fourth generation in the male line, and all coparceners (sons and daughters) are equally entitled to birthright shares. Your father (Venkayya) was a coparcener by birth and had an interest in this ancestral property, although the title deed was never transferred to his name. Since his death in 2011, his legal heirs — that is, you and your two sisters — have equal rights as coparceners in the ancestral property. As the 2005 amendment to the Hindu Succession Act, the married daughters enjoy the same coparcenary rights as the sons. Your sisters are hence equal owners of the ancestral property irrespective of whether they are married or not. If your father had contributed money to your sisters during his lifetime, this could be considered as a gift, but does not necessarily extinguish their rights over the ancestral property unless there is an express legal agreement or partition deed saying the same. The fact that the title deed is still in your grandfather's name does not hold good against your rights as coparceners. The descendants jointly own the property as ancestral property until a partition is agreed upon. In order to sell the ancestral property, every coparcener (you and your sisters) would have to agree and divide the proceeds as per their legal shares. You cannot withhold your sisters' shares just because the title deed is not latest or your father had advanced money to them in the past
- Since, the said property still in the name of your grandfather , then after his demise his property would be devolved upon his class I legal heirs equally.
- Further, if your father has constructed and living in the same , it means that he was only legal heir of his father
- Further, after the demise of your father intestate , this property would be devolved upon you and your two sisters equally.
- However, they can release their share in your name after registering a Relinquishment deed.
Dear Mr. Srinivas,
Since the property is ancestral and still in your grandfather Lachayya’s name, all legal heirs of your grandfather, including your father and his siblings (if any), inherited equal rights after his death in 1975.
After your father’s death in 2011, his legal heirs – you and your two sisters – inherit his share equally, regardless of:
Whether the property title was in his name, and
Whether he gave your sisters money earlier (unless a legal release deed was signed).
Also, per the Hindu Succession (Amendment) Act, 2005, daughters have equal rights in ancestral property, even if their father died after 2005 – which applies here.
Conclusion: Yes, your sisters are legally entitled to equal shares in your father’s portion of the ancestral property unless they formally relinquished their rights.