Father died interstate daughter wants to claim share in the property

After my father passed away 4 years ago, he had created an agreement tat that the property should go to his sons. It is not a will. As a daughter can I still claim my share When they sell the property. Will they need a NOC from me Before selling or transferring it to it to one of the brothers since the property is in the joint name of the brothers.

Answers (3)

179 votes

India: Supreme Court Clears The Air On Daughter's Right In Coparcenary Property

On 9 September 2005, the Hindu Succession (Amendment Act), 2005 (Amendment Act) came into effect and daughters in a joint Hindu family, governed by Mitakshara law, were granted a statutory right in the coparcenary property (being a property not partitioned or alienated) of their fathers.

Historically, the Hindu Succession Act, 1956 (HSA), did not confer any rights on a daughter to the ancestral property of her father. The Amendment Act fuelled a debate on whether a daughter's right in coparcenary property was available even prior to the commencement of the Amendment Act, i.e. were the rights granted to daughters in the coparcenary property retrospective in their application? The debate on the retrospective application of the Amendment Act has now been put to rest by the recent pronouncement of the Supreme Court (SC) in the case of Prakash & Ors v. Phulavati & Ors, rendered on 16 October 2015. SC, in its judgment, has held that the property rights of daughters are prospective in their application, i.e., to be available only if both the father and the daughter are alive on the date of commencement of the Amendment Act (i.e., 9 September 2005).

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

174 votes

Madamji. Though there is agreement but what is written in that agreement. Wheather that agreement for sale. Gift or what. If that agreement is without and cosidaration of money then it is null and void. There for pls discribe the matter of agreement.

Popular Property Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
20 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience
Advocate Jaspreet Singh Rai
Greater Kailash 1, Delhi
17 years Experience
200 votes

This is my response to you:
1. The Agreement he created, is it a Will?
2. If it is a Will then they shall get a share;
3. If it is any non-registered agreement then it has no legal value;
4. You can send a legal notice and stake a claim;
5. Method of last resort is to file for a suit in the civil court and stake a claim.

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 Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions

"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Related Articles