Daughters right on Fathers property

917 votes

YES,
The married daughter have equal right in the parental property after the advent of amendment in Hindu Succession Act 1956, that came into force since 9th sept 2005.

The Hindu Succession Act, 1956, originally didn't give daughters equal rights to ancestral property. This disparity was removed by an amendment that came into force on September 9, 2005.

The issue came up before the bench of chief justice Mohit Shah, judges MS Sanklecha and MS Sonak after conflicting views on the matter expressed separately by a single judge and a division bench.

A division bench had opined that the amendment applied to daughters born on or after September 9, 2005. As regards daughters born before 9 September 2005, the judges held that they would get rights in the property upon the death of their father-coparcener (head of a joint family) on or after September 9, 2005.

The bench's final word :
The full bench disagreed with this and stated that the daughters would have equal share in the ancestral property, irrespective of their date of birth.
"The amended section 6 applies to daughters born prior to June 17, 1956 or thereafter (between June 17, 1956 and September 8, 2005), provided they are alive on September 9, 2005, that is on the date when the amendment act of 2005 came into force," the judges observed in their order, running into 72 pages.

Now in the first case your mother and other sibling cannot claim the share as that was gifted by you grandfather in his life time. However all of the children (i.e 3 sisters including your mother and 1 brother) of your grandfather have equal right on the other house and plot land .

The gift from father to his son is not part of ancestral property as the son does not inherit the property on the death of the grandfather or receive it by partition made by the grandfather during his lifetime. The grandson has no legal right on such property because his grandfather chose to bestow a favour on his father which he could have bestowed on any other person as well.
Thus, the interest which he takes in such property must depend upon the will of the grantor and therefore, when the son has got the property from his father as a gift, his sons or daughter cannot claim part in it calling it ancestral property. He can alienate the gifted property to anyone he likes and in any way he likes. Such a property is treated as self-acquired property, provided there is no expressed intention in the deed of the gift by the grandfather while gifting the property to his son. (C. N. Arunachala Mudaliar vs C. A. Muruganatha Mudaliar)

Sons and daughters have property rights only on the properties that have devolved upon their father and become ancestral property in the father’s hands.
It is further suggested to have the legal opinion before proceeding further. This is only the rough idea which I have shared.

Advocate Srinivasa Kudva LawRato

623 votes

I believe the query is by a Hindu. Depending upon to which school of Hindu you belong the answer has to be given. Details should be given. As you will find under the Mitakshara law, provision of s.6 of the Hindu Succession Act which is amended would decide whether the daughter of a Hindu governed by Mitakshara Law is entitled to the extent of share in the father's property. Before 2005 the married daughter under Mitakshara law was entitled to a share in the fathers share.

Advocate Datar Vilas R LawRato

537 votes

as inamdars have been abolished in andhra pradesh and if any sale deed is present if any specific performance case is pending would also leads in favour of your grand father. that as your grand father died intestate section 8 of the hindu succession act applies through his to your father and then section 6 of the HIndu Succession Act will applies to act

Advocate Innamuri Balasubramanyam LawRato

514 votes

Hello,
If you father was the owner of the property, and if the property is self owned your fathers sister will be termed as class 2 legal heir they will not be having the first right, but you and your mother will be having first rights in the property they cannot object anything.
The best is to execute a release deed and get it transferred.

Advocate Chinnmay S. Shah LawRato