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What are the rights of married daughter in father's property
05-Jun-2023 (In Property Law)
Respected Sir, We are a joint family of 4 brothers and 3 Sisters.My father died before marriage of my sisters. I along with my brothers borne the expenses of their marriages and have settled them with fair share of immovable properties and liquid assets like jewellery and cash.After all their shares, we 4 brothers and my mother(widow) are left with only one house(self acquired by my father).My mother used to stay in this house and recently my mother died without any will.I wanted to buy the house from my three brothers.But problem arose when one of my sister started claiming equal right(1/7th) in the house.But other two sisters agreed to sign as witness(though they demanded some cash which I agreed). the sale deed is executed without that sister's consent and its also been 1 year since this is done .My sister has not filed any case but often threatens me to settle her with cash.Are her claims legally valid?If so what should be my legal stand?Pls suggest your personal suggestion also.
Younger daughter is having equal rights like the elder one daughter. What was the status of transfer when younger was 16 and elder got it transferred. There is some missing information to me. Else she can't take entire share.
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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.
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.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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