Do married daughters have right on their grandfathers property
25-Jul-2023 (In Property Law)
My grand father had 6childrens . 2 daghters both are alive now and 4 sons, now the all sons are expired and among them 3sons had no wife and childrens, but 1son has his wife and she is alive and had no childrens. In this, my mother( one of my grand father daughter ) had taken very small part in thier father's propery before marriage . and rest of whole property still not divided. But in bond paper mentioned and signed that the rest of whole property is belong to 3sons only that is signed by mother and my aunt also...another 1son is already expired in early age 14 when he is small boy. He is not live at time of this agreement. The bond is registered. The whole property is still in the name of my grand father only katha is not yet made. And he is no more. Now the question Is my mother and my aunt (my grand father another daughter) had right on that ancestoral property . is she has any portion of right ? If yes how and how much.. Pls pls answer me. Place: Mysuru, karnataka
Until the Hindu Succession Act, 1956, was amended in 2005, the property rights of sons and daughters were different. While sons had complete right over their father’s property, daughters enjoyed this right only until they got married. After marriage, a daughter was supposed to become part of her husband’s family.
Under the Hindu law, a Hindu Undivided Family (HUF) is a group comprising more than one person, all lineal descendants from a common ancestor. An HUF can be formed by people of Hindu, Jain, Sikh or Buddhist faith. shares the rights that married daughters now have in their fathers’ properties:Daughters’ rights in Hindu Succession Act, 2005,, every daughter, whether married or unmarried, is considered a member of her father’s HUF and can even be appointed as ‘karta’ (who manages) of his HUF property. The amendment now grants daughters the same rights, duties, liabilities and disabilities that were earlier limited to sons.However, a daughter can avail of the benefits granted by the amendment only if her father passed away after September 9, 2005. Also, the daughter is eligible to be a co-sharer only if the father and the daughter were alive on September 9, 2005.Equal right to be coparceners
A coparcenary comprises the eldest member and three generations of a family. It could earlier comprise, for instance, a son, a father, a grandfather, and a great grandfather. Now, women of the family can also be a coparcener.
Under the Hindu law, a Hindu Undivided Family (HUF) is a group comprising more than one person, all lineal descendants from a common ancestor. An HUF can be formed by people of Hindu, Jain, Sikh or Buddhist faith. shares the rights that married daughters now have in their fathers’ properties:Daughters’ rights in Hindu Succession Act, 2005,, every daughter, whether married or unmarried, is considered a member of her father’s HUF and can even be appointed as ‘karta’ (who manages) of his HUF property. The amendment now grants daughters the same rights, duties, liabilities and disabilities that were earlier limited to sons.However, a daughter can avail of the benefits granted by the amendment only if her father passed away after September 9, 2005. Also, the daughter is eligible to be a co-sharer only if the father and the daughter were alive on September 9, 2005.Equal right to be coparceners
A coparcenary comprises the eldest member and three generations of a family. It could earlier comprise, for instance, a son, a father, a grandfather, and a great grandfather. Now, women of the family can also be a coparcener.
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When all the male heirs have died intestate and without marriage and children and one of the deceased's son's wife is alive and issue less then the property can be distributed as 3 shares as grand parents, sons have died hence your mother,aunt and your deceased uncle's wife will get the share file for a partition or P&SC (Probation and Succession) before the court to inherit the family property.
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