What is a married daughter's right in property of father?


Respected members, Requesting your valuable suggestion here, based on which I will proceed with contacting a lawyer. My father has a brother and four sisters who were all married before 1990. My grandfather and my grandmother passed away in 1994 without leaving a deed or will. The undivided property is a mix of ancestral and self acquired property. Recently there are developments to partition the property and all sisters are claiming equal share. I have been reading articles relation to Hindu succession amendment act 2005 and the recent case of Prakash v phulavati on 16thoctober 2015 which mentions that the father should be alive during amendment. I wanted to understand if my aunts have equal share as my father and father's brother. Please note that I am No way against women equality. My father and his brother spent a fortune maintaining the property from encroachments for the past 25 years while the sister's didn't even cared a dime and now they look like loosers Now.

Answers (4)


238 votes

Sir, A good defence may be possible in your case. Your aunt claim will get diminishes by pointing the inadequate claim by efflux of time and other factors and subsequently get faded away as improper claim. Do not carried away by reading some news articles. In Tamil Nadu and Andra Pradesh the Parliamentary amendment has nothing to do much on the prevailing state amendment in these two states. Tamil Nadu has given equal right much prior to the Parliamentary amendment. You have a good case on hand. Give a prompt and proper response to any claim made by your aunt.
Regards,
G.P.VIJAY


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301 votes

First of all you should clearly state in whose name the property is.If the properties belongs to grandparent's ancestors and grandparents all your father father's brother and aunts are having equal rights in the ancestral property, you need not restrain your aunt's from getting equal share.

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82 votes

There are certain State Acts on this subject which invariably granting rights to Women in Ancestral properties. I mean there was no uniform Code before 2005. We can give appropriate suggestion if you disclose your region / State in India.

136 votes

Upon the deaths of your grandparents who had not left any will, their properties would devolve upon all their sons and daughters equally. In your case your father, his brother and all his four sisters would get an equal share each.

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