• Daughter's right in father's coparcenary property on 06/05/2005

My father died on 06/05/2005 and before that he inherited agriculture land from his father . we are one daughter  and I have three brothers. Mother expired long back. On 24/08 2005 I being daughter and my three brothers each got 1/4th share of agriculture land with individual name recorded in revenue records.
 Recently my brothers have filed a case in revenue court saying that just because our father died before HSA amendment 2005 came into force thus being daughter I can not be coparcerner  so I have no right in coparcenary property. Are my brothers right.
Asked 4 months ago in Family Law from Jaipur, Rajasthan
Religion: Hindu
The land which a Hindu male inherits from his father does not constitute his ancestral property. It is at par with his self acquired property, which devolves through succession on his daughter in the same manner as in the case of his son, unless during his lifetime he executes a will whereunder he excludes his daughter from succession. The HSA (2005 amendment) is not even applicable to your case if the property in question is the inherited property of your father. So if summons has been issued to you then engage a lawyer to contest the case fittingly.
Ashish Davessar
Advocate, Jaipur
18266 Answers
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I presume it was self acquired property of grandfather 

2) on his demise your father inherited the property 

3) it is not ancestral property . On father demise 
You have equal share in property 
Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
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If you have executed a relinquishment deed you can revoke it only and only if it is conditional. Consult a lawyer with a copy of the deed that you had executed. 
Ashish Davessar
Advocate, Jaipur
18266 Answers
451 Consultations
5.0 on 5.0
Recently my brothers have filed a case in revenue court saying that just because our father died before HSA amendment 2005 came into force thus being daughter I can not be coparcerner  so I have no right in coparcenary property. Are my brothers right.


The case filed by your brothers are not maintainable for some good reasons.

Firstly this is not an ancestral property in the hands of your father.

Secondly you sisters are not coparceners as far as as this property is concerned.

You sisters being legal heirs or successors in interest upon your father's intestate death, the property left behind by your father automatically devolves equally among all his legal heirs.

Therefore the share allotted to the daughters is very much legally valid and in fact the daughters are entitled to such shares at par with the sons. 

The amendment to HSA in the year 2005 has no relevance to this position.
T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
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Our father's house in Jaipur was also divided in 4 parts on a notarized stamp paper and I gave my share of 1/4th house to my brothers to use with condition on same notarized stamp paper that they will return my share of family house on one month notice. Now,Since they have filed case for village land which is there on my name in revenue records for last 11 years,  I want to get my share back in my father's house, which was given to them to use. Presently used by my 3 brothers for last 11 years for residential purpose.

Any transfer of immovable properties on a notarised stamp paper is not valid in the eyes of law.

You have to file a partition suit and seek your legitimate share in the property, if they dont agree for mutual and amicable partition, you can file a partition suit and seek separate possession of your share.

Pleas note that this is not ancestral property, hence you have full rights in the property as a legal heir.
T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
5.0 on 5.0

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