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Can daughters have right for equal share in joint family property?
14-Jan-2023 (In Property Law)
My grandfather has 6 children 3 males 3 females. We have ancestral property (house and open land) which is not yet divided. Grandfather died in 1985 and Grandmother in 1996. Due to some personal issues my father's elder brother(has no legal heirs) and younger brother colluded and has filed a partition suite. Later the three brothers compromised and want to settle the matter by giving some part of property to 3 sisters and divide the remaining equally among 3 brothers. But the 3 sisters are not satisfied with settlement and claiming for more otherwise they will contest in court for equal share
Hi
Technically we have to assume that succession to your grand father's property arose on the date of the demise of your grand father. Please note that we need to know the place where the property is situated or where you are all originally from to provide proper legal advice. the reason being is states like Andhra Pradesh, Karnataka and Tamil Nadu granted women equal rights as men in succeeding to Joint family properties/ ancestral properties in the year 1985, 1986 and 1989 respectively.
Generally, as per Hindu Succession Act 1956, if the property of your grand father is his self earned property then all his legal heirs(wife, 3 males and 3 females) will get equal share of his property if he has not written any will.
There is a huge difference in application of HSA to self earned property and Ancestral property. So we need to know the place of the property and the state where you belong to.
Technically we have to assume that succession to your grand father's property arose on the date of the demise of your grand father. Please note that we need to know the place where the property is situated or where you are all originally from to provide proper legal advice. the reason being is states like Andhra Pradesh, Karnataka and Tamil Nadu granted women equal rights as men in succeeding to Joint family properties/ ancestral properties in the year 1985, 1986 and 1989 respectively.
Generally, as per Hindu Succession Act 1956, if the property of your grand father is his self earned property then all his legal heirs(wife, 3 males and 3 females) will get equal share of his property if he has not written any will.
There is a huge difference in application of HSA to self earned property and Ancestral property. So we need to know the place of the property and the state where you belong to.
Helpful?
35+
35+
Adv. Rajagopalan
Hyderabad | 500+ Answers
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yes you can have share in property. if you are a hindu you can have share accordingly to hindu succession act, where you can get equal share in ancestral property .but if you belong to muslim community then it will be sharai law ,accordingly that is 1/3 to daughter, 2/3 to male child.
if you belong to other community then that rule apply. how ever woman have right in property which cannot be deprived .i need to go through complete details so that we can decide and do the best
if you belong to other community then that rule apply. how ever woman have right in property which cannot be deprived .i need to go through complete details so that we can decide and do the best
Helpful?
39+
39+
Adv. Syed Yakoob Zainulabedin
Hyderabad | 100+ Answers
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