Rights of daughter in ancestral property

941 votes

Yes as per the present law even married daughter are equally entitled in the property as you have not mentioned the year of your marriage it will be to answer in its proper prospective if alternative approach an advocate who can help and guide you

Advocate Mohammed Arshed Ahmed LawRato

780 votes

Your wife has right if the nature of ancestral property is not changed till 2005 and continued to be same on the date of death of her father(which you have not mentioned ) . Your children can not claim their share as your wife has not claimed the same because rights of children coming from their mother and not otherwise. So, in any case you being son-in-law can not claim share directly or on behalf of your children.

Advocate S P Srivastava LawRato

503 votes

Hello,
For the query you posted, I would suggest the following:

In such a case, as explained above, you as daughters stand a grand chance of being a party to the claim and getting your share too. Further for the will, it needs to be abated to proove it's authenticity.

Further, you can always approach us and clear further queries.

I hope that answers your query.

Best
M.Faris

Advocate Mohd Faris LawRato

815 votes

The question within itself is not indicating the clarity .Therefore to be precise what i could understand from the question it is that your father passed away he had his self acquired property that is the residential house and the running business. The running business as per your query was equally divided amongst the mother and two elder brothers and the house which is mutated in your mother's name was because as all of you(legal heirs) have relinquished the share in your mothers name.Then how is it possible that your brothers are still claiming the share in the house??
If you say that it is as per the will and your brothers have succeeded the share as testamentary succession .Then did you had the knowledge of the same?? if no entire vetting of the documents needs to be done and if you doubt it the cancellation needs to be filed.The second question is when did your father passed away was it before 2005 or after??Therefore please contact and answer all questions to get an appropriate answers thanks.

Advocate Nishant Solanki LawRato

963 votes

You didn't mention the date of death of your father. In such a situation the answer shall not fulfill your purpose. Meanwhile I can only guide you that daughters have right on their father's property. You might be having some documentary evidence in which you have bequeathed your share to your brother. You can file a case for partition or claim of share

Advocate Vandna Beri LawRato

574 votes

A lot depends on whether or not the property in question can be described as a HUF property. If yes, then provided your father in law was alive in the year 2005, your children do have a right in the property, which you can agitate on their behalf. If it is not a HUF property, then your wife shall have a share, subject to any will your father in law may have left. However in the latter case, your children would not have an inherent or independent right to the property. Detailed advise can be given on a perusal of the relevant documents.

Advocate Samar Singh Kachwaha LawRato

729 votes

Hi
After the 2005 amendment of Hindu Succession Act , Daughters have become coparcners in the joint hindu family property. Since a daughter now stands on an equal footing with a son of a coparcener, she is now invested with all rights, including the right to seek partition of the coparcenery property. Where under old law, since a female could not act as karta of the joint family, as a result of the new provision, she could also become Karta of the joint Hindu family.
Therefore, application of this amendment being retroactive in nature, meaning thereby right accrues on date of amendment but as a consequence of an event that occurred prior to amendment, the event being her birth.
Therefore, daughters can get share . Even if there has been brother than also daughter can get share.

Advocate Siddhant Sharma LawRato