• Succession rights of married daughter

Hello,

I am looking for a legal opinion on my rights over my parental property both ancestral and self acquired.
We are one daughter and one son for our parents and both married.

My parents and brother feel that daughters have no rights over the property and hence I am contemplating a legal recourse.

I have read the Succession act 2005 and understand that I have equal rights on both ancestral and acquired property.

My concern is whether my parents can adopt measures like disowning me just to nullify my claim, what is the legal implications of such disownment on my claim if the scenario arises, and what are reasons they can cite for disownment.

Just for your information,  my marriage was arranged. What would my share of the property as compared to my brother and parents
Kindly advise

Preeti Mishra
Asked 2 years ago in Property Law from Bangalore, Karnataka
1) in respect of self acquired property you have no rights during your parents lifetime . 

2) your parents can make a will bequeathing self acquired property to your brother only . 

3) further during their life time they can also sell , gift the said property . 

4) if your parents die intestate you would have equal share as your brother in self acquired property 

5) as far as ancestral property is concerned you have right for  your share in said property 

6) you can issue legal notice claiming your share in property . .
Ajay Sethi
Advocate, Mumbai
23365 Answers
1223 Consultations
5.0 on 5.0
1. As per succession act 2005, which you have read, daughters have equal rights in the ancestral property. The parity in rights in ancestral property was conferred on females with the object of creating a level playing field between females and males and also to do away with the age old discrimination which was meted out to them in so far as a share in ancestral property is concerned.  

So if there is an ancestral property in your family then you have an indefeasibly equal share therein which you can cull out by filing a case for partition. If you are disowned from this property or any attempt is made to sell it without your concurrence then you can take out legal proceedings to seek your share and also to stop the sale thereof.

2. In respect of the self acquired property of your parents you have no share therein during their life time. Your father and mother can during their life time make a will of their property. They can also sell or gift it to any one they desire. You will get a share in the self acquired property of your parents only in the event that they die without making a will.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Womens have right of share in property from Hindu succession act  1956 and 2005 act gave a wider dimension. In ancestral property both make and female have equal share in the property of your parents. In self acquired ones parents can dispose at their wish.if they die without disposing it you will get a share.
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
Hi, as far as ancestral property is concerned you equal right over the property as like as your brother and for the self acquired  they can dispose of the property any way they like.if they died without making an will then you have equal right over the self acquired property also.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Your parents can do whatever they wish with their self acquired property on which you have no right at all,

2. On ancestral property you have equal right alongwith other legal heirs of the said property,

3. However, the meaning of ancestral property as per law has to be made clear first before claiming its share,

4. If your great grand father leaves his property which has not yet been divided, partitioned, willed, settled or gifted till date which is enjoyed by all the co=percener, then it is an ancestral property to the 4th generation i.e. the great grand daughter/son being you,

5. If there is an ancestral property of yours, file a partition suit claiming your share in it.
Krishna Kishore Ganguly
Advocate, Kolkata
12137 Answers
233 Consultations
5.0 on 5.0
A. You  and your brother have equal rights over the ancestral property as the Hindu Succession Act 1956 and 2005.

B. You have no any right over the Self Acquired property of your parents and during their lifetime they can transfer that property to someone by way of Gift, Will or Sale etc 

C. If your parents died intestate, later you and your brother will have equal share over the parents' self acquired property.

D. You can file a partition suit over the ancestral property to get your share.
B.T. Ravi
Advocate, Bangalore
736 Answers
31 Consultations
5.0 on 5.0
With respect to ancestral propertywith the amendment in 2005 in Hindu Succession Act the daughters are entitled to equal inheritance rights along with other male siblings, which was not available to them prior Hindu Succession Act .
 
“The new Section 6 provides for parity of rights in the coparcenary property among male and female members of a joint Hindu family on and from September 9, 2005.
“According to the new Section 6, the daughter of a coparcener becomes a coparcener by birth in her own rights and liabilities in the same manner as the son. The declaration in Section 6 that the daughter of the coparcener shall have same rights and liabilities in the coparcenary property as she would have been a son is unambiguous and unequivocal,” which has been pronounced by various judgement.
In view of aforesaid, you have  equal rights in your ancestral property and hence you can file a suit of partition seeking your share of portion in the said property.

Incase of self acquired property,your parents by executing the Will have right to dispose of the property to anyone. If they die without making a Will, then according to  Section 10 of the HinduSuccession Act, 1956 gives in detail the list of Class I heirs who are to be given the first preference while dividing the property of the deceased. 
 
Rule 1 of this Section provides for a share of property for the widow of the deceased. 
 
Rule 2 of this Section provides for a share, each for the surviving sons and daughters and the mother of the deceased.
 
In view of the aforesaid, in absence of a Will, all his legal heirs including your mother will have an equal right in the property
Sudershani Ray
Advocate, New Delhi
192 Answers
25 Consultations
4.9 on 5.0
you have an equal share as ur bro in ur ancestral property, and if the property is self acquired by ur parents and if there is no will made and they have died inestate  then in that case also u have the equal right in the property but if the parents are alive they have the full right to sell,gift or can do whatever they want with the property.
Swithin Subhashish Lawrence
Advocate, Allahabad
47 Answers
3 Consultations
4.5 on 5.0

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