Daughters rights in ancestral property as per latest Judgement by Supreme Court

[@mannelekharaju7266]

Mam, very nice explanation. It is crystal. No ambiguity. Thank you

[@Atharv_Acharekar]

With this law My sister will get two property my ancestral as well as her own property by her husband, is this the law? I am not able to go to my mother and ask her to put claim on her ancestral property I cant put pressure on her as she is very old now, since my uncle have much more property I cant demand him. It is against humanity and this law killing, murdering humanity if any son do like this...

[@jayanthisankar4473]

Hats off judges thank you so much

[@malgudigirl1904]

...... and then gift it to your brothers. Your sense of humour (and your empowering guidance) makes you adorable to all ages.

[@don4every1]

How about any properties sold before 10.12.2004 and daughters haven't signed during the sale

[@NRILegalServices]

If the property has already been sold before the amendment of 2005 in Section 6 of Hindu Succession Act, 1956, the daughters cannot claim over that property. Married as well as unmarried daughters have equal right in the ancestral property after the amendment of 2005.

[@animaliaplanet8103]

Hai sir, My grandfather divided his ancestral property to his 3 sons in year 1969 through registered partition,my grand father has 2 daughter ,one daughter died 40 years ago,expired daughter children's filed a suit for partition in the year 2011,Now case is in argument stage,advocate is dragging the case, please suggest me sir is there any rule or order to dismiss the case immediately?

[@NRILegalServices]

According to the Hindu Succession Amendment Act 2005, the Act will not apply to partitions done before the 20, December, 2004. So, the deceased daughter’s children have no right in the property. Further, there is no such rule to dismiss the case, however, the case can be withdrawn by the party who has filed the case.

[@animaliaplanet8103]

@@NRILegalServices thank u madam What about 7 rule 11d

[@nitinpatil7192]

What if the property partition done before 2005 and will women still get property share

[@NRILegalServices]

By the virtue of the Amendment of Hindu Succession Act of 2005, daughters have equal rights as a son to inherit her father’s property. Provided no partition should have been affected before the date 20.12.2004 i.e., the date when this Amendment Act was introduced in the Parliament.

[@meetan-]

Excellent presentation and clarification.. Thank you madam.. God bless you..

[@vlogsofayurveda]

My mother property is given to registered self gifted to only son befor cheating way. After that she file the case her property on 1996 that time her age is 60 but that case is rejected . She has 5 daughter and 4 son. She is died on 2003. If 5 daught file the case about property. This new hindu succession act 2005 is helpful or not?

[@NRILegalServices]

According to the Hindu Succession Amendment act of 2005, the children and husband of the Hindu female dying intestate are entitled to her property. However, in your case if your mother during her lifetime had executed a registered gift deed in favour of her son, then other legal heirs cannot challenge that gift deed.

[@shitalbhushanpatil3086]

Mam in case father and mother both were died and step mother and step brother is involve and she wants to claim her rights on also pf and other things so she can?

[@shitalbhushanpatil3086]

No brother and sister

[@NRILegalServices]

If the marriage of your father with his second wife was valid, then your step mother has got all the rights to claim her rights on the property. however, that does not, in any manner, cause prejudice to any right that you have on the said property.

[@sristipattar7651]

Under which section of HSA 2005 if father died before 2005, daughters claim share in undivided property(self acquired property). Please provide link to rectify the law.

[@NRILegalServices]

Under Section 6 of the Hindu Succession Act, 1956, after the amendment in the year 2005, sons and daughters were made equally entitled to their father’s property, provided the partition is not closed prior to 2005.

[@veerannaparma8797]

Mam, The partition of my agriculture land was done by my father with the help of revenue officers like village accountant tahasildar etc during 1986 called mutation registry in karnataka. They issued notices while preparing and taken oral permission from all my sisters. Since from 1987 I am getting pahani nakkkal, holdng certificates. As per rescent supreme court decision whether I am able to prove my oral partition or not.Kindly answer it.,

[@NRILegalServices]

As per the query raised by you, we shall like to state that as per the Registration Act, 1908 the partition must have been registered with the appropriate authorities without which the Court can refuse to take cognizance that the partition had taken place. Based on the facts put forwarded by you it can be commented that the limitation period to challenge the said partition has expired. So, if you are in possession of the land since 1987 that cannot be challenged in any Court of law. Also, the oral partition can be proved on the basis of the records of the Revenue Department.

[@nitinpatil7192]

@@NRILegalServices what is the limitation period to challenge the partition

[@ashasharma4354]

Can you explain is there is any provision to demand for married woman in ancestral agricultural Land in UP

[@NRILegalServices]

Yes, there is a provision for married woman to claim her right in ancestral agricultural Land in UP, however as per Uttar Pradesh Revenue Code , 2006 (U.P. Act No.8 of 2012) (As amended by U.P. Ordinance No.4 of 2015 and corrected by notification No.1662 dated 18 December, 2015), there are multiple entries with regard to right of persons over the ancestral land. The first entry is a son and widow, followed by mother and father and thereafter married daughter and so on. That is to say, after the death of a male , his property will be distributed to the first entry i.e. son and a widow, if no one is alive in the first entry, then it will automatically go to the next entry (mother and father) and so on. Thus, a married daughter can only demand her right in the ancestral agricultural Land in UP if the first two entries are not alive. By virtue of the Amendment of 2005, now agricultural land falls under the preview of Hindu Succession Act, 1956. Also by the same amendment married Hindu woman is entitled to share in the ancestral property. Hence, both the conditions are fulfilled in your case and consequently, married woman can demand her share in the ancestral agricultural land.

[@priteshrele7773]

Hi Mam, my mom is having a share in her father ancestral property but her 2 brothers are denying her to give equal share the builder is providing total 2800 sq ft through which both brothers r keeping 1000 sq ft each remaining 800 sq ft is divided between my mom and her deceased sister's 2 daughters kindly advice Mam

[@NRILegalServices]

As per your query, we shall like to state that in the Hindu Succession Act, 1956 daughters and sons have equal right in their father’s property and in your situation your mother was entitled to the 1/4th i.e. 700 sq. ft. share in the ancestral property of your Grandfather. But out of the 700 sq. ft. she has only been given 400 sq. ft. So, in this situation, your mother can file a Suit for Partition, Declaration and Injunction in the appropriate Court claiming her 1/4th share in the property.

[@priteshrele7773]

@@NRILegalServices Thank you Mam

[@narayananramachandran533]

Thanks mam. Small query though. That is can dad, who got inherited ,sell his property by will to his sons kid? He had three daughters too. Daughters were not given anything. Thanks mam

[@NRILegalServices]

According to Hindu Law, children have birth right in the ancestral property and parents cannot deprive children’s share in the ancestral property by executing a Will to the exclusion of legal heirs. However, in respect of self-acquired property, parents can execute a Will and exclude their legal heirs in such property. Hence, in your case if your father has made Will regarding the ancestral property, you being daughters reserve a right to raise an objection. However, if it was his self-acquired property, then he is well within his rights to dispose it as per his will.

[@enlightment9949]

Very nicely demonstrated👏🏾👏🏾more power to all women🔥

[@rahulmeetei714]

hahah...very funny.... what about the responsibility a son has to take care of parents and also feed his family.this is discrimination against boys.... if right is to make 50/50 then responsibility should be make 50/50....

[@rahulmeetei714]

what will happen if the daughter die...will her property goes to his husband..... this will automatically create confusion....

[@enlightment9949]

Rahul Rahul Meetei why you butthurt bro you don’t need anyone’s validation to take care of your parents.who gave boys hundred percent responsibility? You? its all in your head.you love your parents you take care of them no matter you a men or women.period.

[@enlightment9949]

Rahul Meetei why would it create confusion that was her share not yours so you shouldn’t be worried.likewise if you die your property goes to your wife.dont be so dumb lol

[@पहाड़ीहिमाचलीझलक]

2 right h property lene k ladki k paas ek petrik or ek father ki acquir ki hui apni property inme se ladki sirf ek hi le skti h ya dono plz tell me mam

[@NRILegalServices]

Petrik property mein ladki ka right hai aur who court jaa skti hai but father ki acquired property mein tabhi right milega agar father will chodd kr jaate hain.

[@marcusjerome9325]

Madam a very Crystal clear explanation god bless you and your team for putting such good work and ideas for the public who are unaware of law facts and not knowing the rights .....

[@shravanurs3954]

My mother who was the daughter of my grandfather died in 1996 and grandfather died in 1984 can I claim my mother's share in the trust property if the will is done in the name of my uncle (mama) please reply thank you mam 🙏

[@NRILegalServices]

Although as per Section 6 of the Hindu Succession Act, 1956, a daughter is entitled to equal share along with the son in the ancestral property, however, in your case, it appears your grandfather had self-acquired property and he made a Will bequeathing his property to your Mama. You can challenge the Will in the court, if you apprehend that it was made fraudulently and claim the share of your mother being her Class 1 legal heir.

[@shravanurs3954]

Thank you so much 🙏

[@shravanurs3954]

It is a gifted property to my mother's father (grandfather) by his sister.

[@rangaswamykalegowda5952]

Certainly there will be an appeal to the five judge bench to declare that the judgement of 2015 to uphold the amendment of 2005 is prospective to give effect from the date of amendment. .

[@cyclestunters187]

Hello madam. My grand father ( mother's father) died in 1998 , without left any will of his ancestors property. After his death my uncle succession entire properties and sold out the same to others without consent my mother . Now my mother can claim for her share in those properties or not? Please give clarity on this doubt.

[@NRILegalServices]

Your mother does not have share in the property of her father since he died in 1998.

[@101yog101]

@@NRILegalServices Please check the fact of the case and then leave a reply. www.escr-net.org/caselaw/2018/danamma-suman-surpur-another-v-amar-others-civil-appeal-nos-188-189-2018

[@kamjitpradhan5223]

Mam My father has self acquired property.But my father died before 2005 sep 9.Can my sister claim in my fathers property? My father has no will.

[@NRILegalServices]

As per the amendment in the year 2005 in the Hindu succession Act, 1956, sons and daughters have right over the property of the deceased in equal shares. Here what is to be taken into consideration is that when partition took place. In the present situation, as your father died before 9th September, 2005 and the patrtition of the property had not taken place prior to his death, you and your sister are legally entitled to claim share in the property equally when the partition will take place.

[@UnseenEditionz]

My Grandfather was died on 1993. now is my aunt may claim my grandfather's ancestral property ???

[@NRILegalServices]

After the amendment in the year 2005 of Section 6, Hindu Succession Act, 1956, sons and daughters are equally entitled to the property of their father. In the present circumstances, daughter can claim share in her father’s property as a matter of right in the ancestral property.

[@vishaljoshi5038]

Agar property agriculture land ho to bhi kya grand daughter property par clame kar sakti hai kya

[@NRILegalServices]

As per query, it shall be stated that, if the agricultural property is an ancestral one then, in that case, the Grand-Daughter’s right in the property accrues by birth itself.

[@anirbanbiswas3114]

Hi! Mam, My grandfather has one son and two daughters and he died before 1956 and my two aunts also died before 1975. So i want to know my cousin brothers are entitled to my grandfather's property or not?

[@NRILegalServices]

As a general principle, the property of Hindu male dying intestate or without a Will, devolves upon his heirs in Class-I category which includes Sons, Daughters, Widows, mother etc. However, the Hon’ble Court has held that all daughters whether born before or after 1956 or 2005 are entitled to the benefit of the amendment to section 6, provided they were alive as on 09 Sep 2005 i.e. the day the right accrued to the daughters. In your case since your aunt has died before 1975 then amended Hindu Succession Act 1956 will not be applicable as the daughter had no right over father’s property if she was not alive as on 09 Sep 2005 and in that case the property devolved from father to son and further his son, thus your cousins are not entitled to the share in your grandfather’s property.

[@anirbanbiswas3114]

@@NRILegalServices Thanks for your information.

[@arjuns8180]

Hai mam I have some issues with my mother property My grandfather (mothers father), had a property he changed his property to second wife after first wife death. Grand father is second time married. But my mother is child of first wife. In second wife there is no childrens. So the property is been changed to second wife for 23 years now. So now mother have any rights to get her property. No second wife family member are trying to get her property without giving to my mother. There is any chance to get the land from her to my mother. If we went to court. Because for my mother she doesn't receive anything from her father now grandfather already die. 3 months before. So please help me with this issue. Whether she can receive land from second mother????. Pls help with this issue. Thanks

[@tausifanwar2635]

On the behalf of my wife I am asking this question. As my father in law passed away and the properties belonging to my wife grandfather is she can claim on that .if yes how much she will get .she has total 4 uncle so the properties will distributed equally in four parts. Please answer my query. She has no brother only one sister and mother.

[@NRILegalServices]

Yes, your wife can claim the share of her father. If your wife has 4 uncle’s, then the property will be divided in five equal share’s. The 5th share will be of her father which will be further divided between your wife and her mother. Your wife and her mother will be entitled to 1/10th share each.

[@sathyanarayanamadanpalli7747]

Madam, in your explanation ,still uncompleted that is father/ grandfather should be alive as on 09/09/2005, adding this, now clear the dought?! T/ u

[@NRILegalServices]

After the Amendment Act of 2005, as clarified by the Hon’ble Supreme Court in its latest judgment,irrespective of the father’s date of death, a daughter is entitled to equal share in the ancestral property, provided no partition should have been affected before the date of enforcement of the amendment act of 2005.

[@jayak905]

What if my brother ask me to give him the expenses he incurred on repairing the house, money spent on my wedding and ask to take of parents and if I don’t work and my in law don’t support . Where will my parents go ?

[@ssca2z211]

It should be asked from supreme Court....

[@NRILegalServices]

By the virtue of The Maintenance and Welfare of Parents and Senior Citizens (Amendment) Bill, 2019, it is the obligation of children to maintain their parents. Hence, if you are unable to take care of your parents, then your brother will have to take care of your parents i.e. he will have to pay a monthly installment (as specified in the maintenance order) to your parents.

[@jaksjaks1053]

Madam what is the procedure of a mother for sharing the property to their children. A lawyer is sending some messages to tell the otp should I give him the otp number

[@NRILegalServices]

A mother can share her property with her children either in equal shares or as per her wishes provided the property is self-acquired property. Don’t share OTP with an advocate.

[@scientificspiritualityBHARAT]

Pls sign this petition to save Indian family values. Unmarried daughter naturally have their undivided right and as per tradition, earning brother has to care for his unmarried sister after the demise of their father or both parents. Even Married sisters are looked after in all aspects by Brothers if his sister becomes a Widow, or is a Divorcee and has no assets of her deceased or divorced husband. Today almost every urban married woman is working and earning too. Such married women generally do not contribute to the financially weak brother in any manner as this is not acceptable by the society and the brother has to fend for himself. All Hindu personal laws can be made only as per the set tradition and norms of age old customs which have been followed to protect sanctity of relationship between family members. Can any law enacted be anti family,? is the question. Also in India even today, many Hindu fathers do not feel the need to make their last Will and testament on the firm belief that their married daughters will not claim suddenly after their demise from their son, who is left with no choice but to give half share as per law. Point is... In this process the relationship between such a married sister and brother ends on a very bad note. They stop talking with each other for life due to the evil design of a mindless and biased law. There is no respect left after such brother suddenly has to sell his ancestral home which provided shelter to sisters in times of distress for several generations. He is forced by law to sell and alienate his house of ancestors as his well established married sister now has law in her side to demand a partition. Therefore this petition to call for abolition of the unmindful Amendment to the Hindu Succession Act, 2005 which has now caused big rift in the Hindu Families of India www.change.org/p/government-of-india-stop-double-benefit-to-married-daughter-in-estate-of-deceased-father?recruiter=false&recruited_by_id=2c72eae0-b81a-11e9-8015-1da649b8981c This decision by the Apex Court will certainly break the pious relationship between a brother and sister. Married sisters will be double beneficiaries of both husbands property and fathers property. Relations will get spoiled as the brother will have to sell his ancestral home and give half from established family business. Daughters Have Coparcenery Rights Even If Their Father Was Not Alive When Hindu Succession (Amendment) Act, 2005 Came Into Force: SC www.livelaw.in/top-stories/hindu-succession-amendment-2005-has-retrospective-effect-161260?infinitescroll=1#.XzJGgDJxRdA. Dear readers, because of this decision in the coming years Hindus will consider their cousins and aunts as enemies. From the very childhood the male heir will be now the loser, in heirship and this will dissuade him to do anything constructive for his family or family business. The core value of relationship of brother and sister will disappear. Courts base their wisdom on HINDU succession laws from Mitakshara who is mentioned by Yajnavalka. Yajnavalka was not known to Hindus in India till British invaded here. Hence Mitakshara is fake, Yajnavalka is fake, their commentaries on the Hindu Laws are fake and we're custom made by White invaders to implode India from within. In reality.... Once a daughter is wed by a Hindu father and he performs Kanya Danam ritual, the DNA and lineage of the married daughter gets attached with the family of her husband for the remainder of her life. The father lovingly bestows upon her all he wishes at the time of her marriage with gifts for life called Streedhan. This Streedhan word is now being misused in divorces by women in India only. This concept is alien to the world and they are satisfied only with Alimony. After receiving the Streedhan, the daughter takes holy vow to never leave her husband who now becomes her protector for life. Husband will make use of her Streedhan as a last resort to protect her under situation of extreme calamity. Father of the bride considers it Taboo to demand even a glass of water from his daughter husband for life. This is because in ancient SANATAN DHARMA a gift once given can never be taken back. Kanya Daanam is the biggest gift that any man can give in his life time. Father literally shears a part of his heart and gifts the groom his treasured hand of his loving daughter for her future safe keeping to his son in law. This is natural because no father can be expected to live as long as his beloved daughter and to protect her after him, he marries her to a suitably strong male. The Hindu Father knows that his lineage will be carried forward and his legacy will be taken care by his own son who is the recipient of the rest of his estates to nourish it and expand his vision of happy family ahead. White invaders could not digest this happiness of every Hindu family and they DEVICED a method of ruling us by their laws that will create rivalry between the brother and sister, husband and wife, father and son and so on.

[@inderjitsingh3712]

This law is bomb shell for those brothers who hardly meet two ends with hard work . Feeling really bad to listen this, this law breaks Raksha bandhan and crack the relationship between the brother and sister and their families, and this happen mostly in peasantry families, This law encourages people to seek more dowry and property from girl's parents. Think law makers think think and think.....

[@072-sagarpaul4]

If the under 18 aged daughter was forced to sign on the paper of father property, before 2005 , can she claim for the equal part of the property?

[@NRILegalServices]

She can claim if the father and daughter are alive as on 09 Sep 2005.

[@gunashekar2960]

Hi mam My husband constructed a home on the old home which was gifted by his father and mother just 3 years ago. He has taken bank loan which is quite heavy.The whole family was supportive, including his 2 sisters. But now they are demanding for the share. It has been already decided to give 5 Lacks each for them. But how to share the property now

[@NRILegalServices]

Sisters cannot demand share in the property which has been gifted to your father by his father if he had that property as his self-acquired property

[@mamtaagrawal8059]

Mere pitaji ne hamari paitrik property mere bhai k death (३१ may 2014) k bad meri bhabhi aur uske 3 bachoke nam kar di hai hame bataya tak nhi gya aur pitaji ki death 8 jan 2020 ko hui hai muze apne hak k liye kaise claim karna chahiye plz reply me

[@NRILegalServices]

Law k anusar agar paitirk property hai to vo kisi ko nai di ja sakti jab tak uski partition nai ho jati. Agar partition ho chuki thi aur uske baad aapke pitaji ne property di aapki bhabi aur unko bacho ko to unko challenge nai kia ja sakta. Lekin agar partition nai hue to property sare legal heirs ko barabar me milegi. Aap court me apne haq k liye suit file kr sakte hai so that property partition k baad sabko apne haq k anusar hissa mil jaye.

[@sanjaylokhande8025]

Mam if in 4 acres agricultural land there are 5 members shares .mother 1 brother and 3sisters .and if all 3 sisters makes partition suit then can law gives there shares .If it gives then it is justified for brother. ?? Please comment

[@NRILegalServices]

Sisters have equal shares in the property. It is justified.

[@rgowda67]

if the father died in 1996 for that 4 daughters has claimed property in 2006 and they married women but the father property is self occupied property...whether they are eligible

[@NRILegalServices]

Since the property of the father is his self-acquired property, all the children have equal right over the property, if he has died without any Will. Hence all the daughter have equal right over the property.

[@manaskumardey199]

How much time does Cort take to solve the partition sure claim by daughter for her father's property?

[@NRILegalServices]

There is no fixed time limit. Depends upon the intricacies of the case and availability of clear evidence.

[@factspandi6480]

Good afternoon mam...thanks a lot for your cleatance....

[@syedishan6941]

Ma'am if there is no son of man then how property will be divided among daughters.. Will it go to the cousin brothers or full property divided among daughters.

[@NRILegalServices]

After the amendment Act of 2005, according to Hindu Law by virtue of section 6, the property of Hindu male dying intestate, devolves upon his heirs in Class-I category which includes Sons, Daughters, Widows, mother etc. Hence, in your case if there is no son then the property will be devolved upon the daughters in equal shares.

[@syedishan6941]

@@NRILegalServices Thanks ma'am, but for Muslims this act will apply or not ..

[@Atharv_Acharekar]

Mam can we claim on our mothers property, then my uncle have to claim on his mothers property and so on, is the law correct... what do you think. I think due to this law advocates business will be form...

[@niamulkabir1394]

I am Niamul Kabir from Bangladesh. I am so charmed to hear this news. And it is also very sorrowful to our Bangladeshi people that we are waiting a long time for equal legal right over property but yet to implement by our Govt. Even we dont know it will be implement or not.

[@renupravadevi4666]

Mam,during marriage parents spends lot of money ( equals to half of their property) then after marriage she would demand for other half what type of rediculous marriage

[@NRILegalServices]

After the amendment Act of 2005, according to Hindu Law by virtue of section 6, the daughters are entitled to inherit property in equal share as a son, irrespective of the fact how much money was spent on their wedding.

[@renupravadevi4666]

@@NRILegalServices yes he recieved the share during her marriage after that also she would take share from his brothers property what kind of justice is this?

[@doctorradhe]

What is the name of the case

[@Lawbytes1]

My grandfather's self acquired property was given to my father and we are three sisters and the property was not registered on our names. We three sisters got married ,now my sisters are trying to register the property without my consent on their names, saying my signature is not required. Can I have right over that property? Even my father is supporting them and I got married in the year 1993 and my father is alive

[@NRILegalServices]

It is evident from the facts of the case that your father was inherited the property of your grandfather and it was not his self-acquired property. It that case, all his three daughters have equal right over the property. In case your sisters are getting the property transferred/registered in their names, you can file a suit for declaration seeking equal share, i.e. 1/3rd share and also suit for partition and possession of the property. NRI Legal Services can assist you in claiming your share in the property.

[@Lawbytes1]

Thank you

[@ishantbanode]

my grandfather died in 1977 .he didnt left any will for our house .. .do my aunt have same share in my house like my father ..? ..please reply

[@NRILegalServices]

Prior to year 2005, the girls did not have equal right in the share of ancestral property after their marriage. Since your grandfather died in1977, without making a Will, at this stage, your aunt won't have any share in the house of your grandfather, if she is married.

[@ishantbanode]

@@NRILegalServices yes she is married ...thanks a lot for the advice

[@abdulwajidmohammad7653]

Im a muslim & both my parents have expired and the house is on my mother's name my brother claims the complete house saying he has built it and he also took the insurance amounts & gold saying his mame is in nominee ,what do i do I'm a house wife. pls guide.

[@NRILegalServices]

According to Muslim Law, if the property is on mother’s name, after her death it will be distributed among her legal heirs i.e. son and daughter. However, the mode of distribution of property will be decided by the Muslim personal Law i.e. Sunni or Shia law.

[@rohitsclasses365]

I have questions if a father (a son and one daughter)have a loan of 10lakh have no property at all brother claim 5lakh loan from her sister.but she didn't pay what indian law can do for this..plesae ans

[@nithanilakshmi2368]

Can you tell me how can i claim my father property share , i am msrried

[@rangaswamykalegowda5952]

Your law is moving forward and backwards how many times in 15 years. The young will become old and the old will leave the world and your interpretation of statutes will go on for ever and ever. .where is end my dear?

[@sindhurajakumar2289]

Hello mam,, my grandfather had some property ( from my great grand father) which now divided between their sons (in 2018). My grandfather died in 1979 and his first daughter got married in 1981. Will she is eligible for the share. kindly clear my doubt. Also the shares was sold by the respective sons wil it affect the buyer??

[@NRILegalServices]

As per the latest Amendment to Hindu Succession Act, the daughter who got married in 1981 are not eligible for any share in grandfather's property including shares.

[@suchitrajha7006]

my maternal grand father died prior to 2005 but my mother died in the year 2012 .can Ientitle to get share in the property of maternal great grand father ?

[@NRILegalServices]

We will have to examine your family tree. If the property was in the mother's name, then you are entitled to claim her share. Write to us [e-mail] for further assistance.

[@sheelabn9452]

Madam my mother is almost 68 years and his brothers divided theire ancestral property 30 years back.they did not give anything to our mother,those days they don't have right to ask,can we take back our share now,is that possible.

[@NRILegalServices]

It is important to observe whether the property inherited by your uncles was mutated via any particular document or not such as a Will, affidavit cum NOC, or any relinquishment deed by other legal heir/s. Furthermore, while claiming the right it is crucial to understand that the claim will be barred by The Limitation Act, 1963 as 30 years have elapsed. For more information, please email us at [e-mail]

[@vermakanhaya]

Hello Maa'm If Daughter is married and her father died before September 2005. Is she eligible to get the share in Father/Parental Property ?

[@NRILegalServices]

The Hindu Succession Act, 1956 has, over the years, grown into a fine piece of progressive legislation, granting Hindu daughter (irrespective of her marital status) her long due entitlement. Section 6, as amended in 2005, bestows upon daughters an equal right in the coparcenary as that of a son, in as much as it now explicitly states that daughters too would get a birthright in the coparcenary property by virtue of their very birth in it. However, a Supreme Court judgment of 2018 has cleared the air around its applicability by stating that the amendment will apply even when - i) a daughter was born before 2005 or before the coming in to force of the Act itself in 1956; ii) if a daughter is dead on the date of the amendment coming into force, thereby making her children too to claim this right; iii) property dispute filed before 2005 amendment and pending at the time of amendment coming into force. Iv). if father died before September 9, 2005.

[@maheshchudasama4808]

Mam bati shadi 30 se 35 sal pahle ho gayi ho or father ki death 2005 se pehle ho gayi ho to beti ko hissa milaga ya nahi please reply me ( father ki self property me )

[@NRILegalServices]

In case father has not made any Will, then you will have equal right over the property. However, limitation period will be attracted which means you should have claimed right over the property within three years otherwise you are debarred.

[@kunalanand3692]

Mam I have read somewhere else that if father had died before the date of implementation of act (amended 2005) then daughter is not entitled to inherit the property of her father. Is that right?

[@NRILegalServices]

Yes, True.

[@prrabhu]

www.google.co.in/amp/s/www.makaan.com/iq/amp/legal-taxes-laws/what-are-property-rights-of-daughters-in-hufs

[@rose-dq2fh]

Hi mam ....my husband was died in 2012 . I have a baby , she is 11 year old. Can she get right her grandfathers property? Pls ans me

[@prrabhu]

@@rose-dq2fh where are you from. I can suggest lawyer if you are near coimbatore, Tamil Nadu

[@satpalyadav449]

kunal anand jii bilkul Sahi btaa rhe h Aap

[@tadittramajumder3773]

My father died without leaving a will in this year without divorcing my mother and there is court case of 498 in kolkata but married some1( having a girl child ) else in mumbai and he have a small property there in mumbai so what are our rights as me and my mother being legally married 1st wife 😊....... Looking forward for your valuable feedback and help 🙏

[@NRILegalServices]

In the present case, the second marriage of your father being a void marriage shall be null and void in the eyes of law as he had contracted second marriage without divorcing his first wife. The wife and child of first marriage are having complete right over the property and will be entitled to have equal share. However, the child from the second marriage is also entitled to share in the property as per Section 16 of Hindu marriage Act, 1955 irrespective of the fact that she was born out of void wedlock.

[@tadittramajumder3773]

@@NRILegalServices thanks sir for your valuable information

[@kavinramasamy91]

Hi Sir, I have heard about the recent Supreme court verdict for womens rights in ancestral property. Please clarify my doubt below sir. My mother is married in 1987 and he have one brother. My grandfather written will in 1991 in favour of his son for his ancestral property mentioning he educated my mother as doctor and done Seer for her marriage and died in 1998. Can we claim rights in this ancestral property ?

[@NRILegalServices]

The recent Supreme Court Judgment (Vineeta Sharma Vs. Rakesh Sharma), though, has provided for equal rights of men and women in the ancestral property yet it has come up with a few riders. The Hon’ble Supreme court has opined that Sec 6 of Hindu Succession Act, 1956, as amended in the 2005, confers a right by virtue of one’s birth and not upon death of the owner. Thus, a father need not be alive as on 09.09.2005, i.e. the date of commencement of the 2005 Amendment, in order for a daughter to be considered a coparcener. The Hon’ble Supreme Court has further opined that the imperative condition to claim right on the ancestral property is that the coparcenary must have existed as on 09.09.2005. Now, in your case, the right of your mother cannot be claimed if the property had been partitioned and became self-acquired property of your grandfather. However, if the property was not partitioned, then your grand father had no right to make the Will and the same can be challenged and your mother can claim her share.

[@sunilnayakblogs6277]

Same right and duty also . In senior citizen act 2007 also daughter have same duty as the son .

[@arghadipdeb5767]

if a father gave his all leftovers to his son using gifted paper(danpatra) , before his death without telling her daughter , the can she can claim for the property?? please if you answer

[@NRILegalServices]

The owner of the property can devolve his property according to his wishes. He is within his rights if he wants to give his property to one child or to all the children provided the same is not bequeathed by fraud or coercion. In the present case, if the property is gifted to his son via duly registered Gift Deed excluding his daughter, then the daughter cannot claim her share in the property. Although, the daughter can challenge the Gift Deed in the court of law being forged and fabricated and claiming that it was made by fraud or coercion on the part of the son.

[@forlove5528]

I think this is applicable if there is no will made by father...what if father already made a will....and can sons share the fathers debts to daughters to pay?.....if property is shared is equal to daughter also.....in this case.....does daughter has equal responsibility to take care of parents.

[@NRILegalServices]

As per the amendment under Section 6 of the Hindu Succession Act, 1956, sons and daughter are equally entitled over all the rights and the liabilities. But as per Section 6 (4) of Hindu Succession Act, 1956 the sons are liable to pay the debts only if the debts were taken before the amendment of 2005.Furthermore, there is no such law where the daughters are under an obligation to pay off the debts taken by the father. However, if both of them agree to pay the debt, then it can be considered as mutual understanding.Moreover, by the virtue of The Maintenance and Welfare of Parents and Senior Citizens (Amendment) Bill, 2019, it is the obligation of children to maintain their parents.

[@nithyakalyani892]

One of the sister in joint family is my mother and I am daughter of her. So can I right to claim the partion suit against my uncle[my mother's brother] in ancestor's property.

[@NRILegalServices]

Your mother is entitled equal share in the property with her brothers. If your mother is deceased then you can claim her share when the partition takes place as you are the legal heir of your mother.

[@tubeexplorer7595]

I am a Hindu Married daughter, Can married Daughter claim her Grandfather(father's father) and father property equally? what happens if there is a Will made by father and exclude daughter? how can the married daughter get fair portion?

[@anarebello6161]

I'm a Catholic lady my father died in 1979 n mother died in 2009 leaving behind lots of property for my brother without making any a will ..can I claim over it..pl reply

[@NRILegalServices]

You have equal right. You can claim it through the court by filing a civil suit. Write us on [e-mail] for any further guidance.

[@tanmaysarma5521]

Hello ma'am ! my mother got married before 2000 and my maternal grandfather died on 1988. But my maternal uncles were not separated even after my mother had married. Till now they are not separated. So, in that case can my mother claim her rights on her father's properties.

[@NRILegalServices]

A daughter can only hold a right to the ancestral property if the father has died. Separated or not your mother can claim her rights on her father’s properties.

[@tanmaysarma4218]

@@NRILegalServices thanks for your help....but, is there any condition that father should be alive till September 2005?

[@prrabhu]

www.google.co.in/amp/s/www.makaan.com/iq/amp/legal-taxes-laws/what-are-property-rights-of-daughters-in-hufs

[@yashodayashu7674]

Nice clarification ,hats of thank u mam

[@rohitverma-zf6qi]

My grandfather having four son and one of the elder son having no child .a relative daughter of him studying and In mark sheet of high school joined his name as father .such a girl claim his partion after the death of elder son of my grandfather by a will.which is making forcely.what can I do for save such a house in which I live in by birth.i m hindu joint family.

[@NRILegalServices]

Let us clarify that she cannot claim any right in the property based on mark sheet of high school wherein she has got the name of elder brother entered as a father unless she has legally adopted by him. Secondly, you will have to approach our office with full details and document to guide you legally.

[@susmitaroy5152]

16 years ago my father died due to cancer. My brother then asked me to sign on a NOC as they were not getting the money of the PF which my father did for us and I signed on it. Now the question is does my brother have the rights to cheat on me over the share of the inheritance of my father by using this NOC ?

[@NRILegalServices]

The No Objection Certificate which was signed was only in relation to the Provident Fund. In case you have given the NOC voluntarily, you can not challenge it after 16 years. However, a person cannot misuse the NOC to outlaw the legal heirs from claiming their share in the property.

[@Bobbygirsa]

Mam please answer (anscester agriculture land) If the father has died after 2005 i.e in 2014 and in 2010 he has wrote his will in favour of both this son and no right to his both daughter. No mutation of land has been done till after his death : Now do both his daughter can take there share in land

[@NRILegalServices]

If there is a valid Will it is difficult but you can challenge the Will and hope to set it aside.

[@Bobbygirsa]

NRI Legal Services the will is the registered will in 2010

[@satpalyadav449]

vishal girsa yes the girls can easily get their share only if it is a ancestral property. do u know meaning of ancestral property. it means that it must passea through 3 generation band u are 4 th one

[@amydhirajrout2090]

Can son claim mother's share in her father's property when mother has died ??

[@NRILegalServices]

After the amendment Act of 2005, according to Hindu Law by virtue of section 6, the property of Hindu male dying intestate, devolves upon his heirs in Class-I category which includes Sons, Daughters, Widows, mother etc. Hence, son can claim share in father’s as well as mother’s property along with other legal heirs alive in class 1 category.

[@subrataghosh7639]

What if father was died before 9th September 2005?

[@NRILegalServices]

As per Supreme Court ruling, daughters can only claim their ancestral property right if 'father' died after the amendment of Hindu law. The father would have to be alive on 9th of September, 2005, if the daughter were to become a co-sharer with her male siblings. 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. Under the Hindu Succession Act, 1956, prior to amendment of 2005 (dated September 09, 2005, “2005 Amendment"), daughters had no right to inherit ancestral property. However, post the 2005 Amendment, daughters have equal right to inherit ancestral property as that of the son.

[@amansinghparmar4085]

Ma'am my maternal grandmother and grandmother died last year and my grandfather had 2 son and 1 daughter ( my mother). My mother was married in 1985. Can my mother also get share in my maternal grandfather property.

[@NRILegalServices]

After the amendment Act of 2005, according to Hindu Law by virtue of section 6 , the property of Hindu male dying intestate, devolves upon his heirs in Class-I category which includes Sons, Daughters, Widows, mother etc. In your case you mother can claim the share in her father’s property irrespective of the fact whether she is married or not.

[@jacobzachariah9756]

Intimation received " delivery failed........." Is the mail ID nrilegalservices.com correct ?

[@NRILegalServices]

Write us on [e-mail]

[@sarasagar76]

Sir.. Please please please answer me guide me.. Mere sagge bhai ne 15 saal se hamare ansestral property par kabja Kiya huwa haii.. Woh hamesha kahata Raha k aaj Dunga hissa , kal Dunga hissa... Magar usne aaj tak nahi diya... Aur jab Maine thodi information nikali...to muzhe pata chala k...usne property Apne Naam ki hai... Light bill and property tax usike Naam se aate haii.. To..jab Maine vakil se baat ki..to usne muzhe yeh bataya k..aab mera kuch nahi ho sakata...kyunki last 15 years se woh jagah tere bhai k Naam par hai... Aab Mai kya karoon.. Kya ansestral property kisi ek k Naam ho sakati hai? Kya muzhe mera hissa nahi melega? 7/12 paper par mere father ka hi Naam haii...uska Naam nahi hai.. Woh jagah mere bhai ne khud k paise se nahi kharidi....woh jagah to ansestral property hai.. Mere galati bas etani thi k 15 saal tak maine koi action nahi le.. Mera chota sagga bhai hai , isliye maine koi legal action bhe nahi le... Aur ab woh muzhe koi bhe hissa nahi de Raha...aur nahi vakil mere saath de Raha.. Please give me your advice..

[@NRILegalServices]

You have equal share in the ancestral property. In case your brother has got it transferred in his name on the basis of fraudulent papers, legal action can be taken against him by filing suit for a share in the property as well as for committing fraud.

[@shitalbhushanpatil3086]

How can I contact you

[@NRILegalServices]

Please write us on [e-mail]

[@ashishdas5040]

Nameste Ma'am Ma'am, my grandfather had died in 1998. Then acc. to new amendments my paternal aunts have any right in my grandfather property. Plzz ans d same asap.

[@NRILegalServices]

If the property has not been transferred then yes they and their legal heirs can claim a right in the property.

[@ashishdas5040]

@@NRILegalServices Ma'am but according to new amendments, that father had died before 2005 then in this case daughters have no right in father's property. Plzzz reply Ma'am.

[@vishwasrvishu9267]

ashish das dear sir even my question is same like you .... father died before 2005 without will can daughter get share. Did u get answer ?

[@dilipkumardndilipkumar5165]

Hi mam I from Karnataka can you handle my case? Here karnatska

[@NRILegalServices]

Please note that our firm deals with only NRI clients. If you are situated outside and your property in dispute is in India, our team will be happy to deal with your matter.

[@sivamanis7316]

Hi mam, we are 4 sisters and 2 brothers, in this regard, my mother's father give his self owned property to my mother by registered gift settlement deed with full rights to her, and my mother gave this property to my two brothers, as registered gift settlement deed with full rights to them. We sisters can claim any share in this property?. Moreover my 2 brothers are living in this house property, please reply me

[@NRILegalServices]

You cannot claim any right in the property when there is a registered gift deed in existence in favour of your brothers. However, we can always challenge the registered documents if they are surrounding some suspicious circumstances, meaning thereby, if the signatures of the owner are obtained by creating pressure or fraud or forgery.

[@brindhapoppy1005]

Does married daughter have the right on ancestral property if Father is alive

[@NRILegalServices]

Yes, a daughter has birth right in the ancestral property of her father even if the father is alive. A father cannot deprive his daughter of her share in the ancestral property. If he does so then the daughter will have the right to raise an objection or challenge such action and claim her share in her father’s property.

[@VishakhaRai1515]

Mam...kya up me krishi bhumi me married daugter ka right hai

[@NRILegalServices]

If agricultural land is ancestral property in UP, then daughter does not have rights.

[@jacobzachariah9756]

I have just now forwarded the earlier mail to the correct email ID

[@rakeshb3530]

hi, My father died in 1997 without having a will . I have two elder sisters, we all are marred. Mother is living with me. Property was self earned by my father. No suit filed by my sisters till date. In the light of 2005 amendment and later judgment of SC on 2015 or so on please clarify....if property is self earned and father died before 9 Sept. 2005 without any will, can my sisters claim their right or not? once again, this is not ancestral property. Father purchased it own his own. Please reply thank.

[@anandhari9710]

@@NRILegalServices I think 2 daughters have the right to share. Because there is no will.

[@Dutta23AD]

What if her brother dies and her brother's wife and daughter remains with no earning, at that time if she claims her property while have a luxuries life! The wife and daughter while having a tough life after her father/husband's death will have to give her aunt the rightful part of the land.. Isnt their any clauses against such things..

[@NRILegalServices]

No, there is no such law against a sister, that she disentitled her from the property of her father, but yes she cannot claim share from the share of her brother (even if died). The share of her brother will devolve upon his legal; heirs i.e. daughter and wife.

[@gurushet5677]

Madam.. Am asking about my mom... Is she have rights in grandfather property. Because her brothers wrote my grandfather property in their name may b 2years back.. We don't know anything.. Can we claim my mother rights in property now

[@NRILegalServices]

If the revenue records showed the property to be in your grandfather’s name before the brothers got mutations in their name two years back from now, then your mother is entitled to claim partition as a coparcener in the coparcenary property as well joint family property and ask for an equal share. Thus you can challenge the said mutation entries.

[@pompiroy6760]

Mam. .. I don't know much about law.... If you can just clear my one doubt??? I got married on 2000..and My father died on 2001 without making any will..now the whole property goes to my brother.. Am I applicable for this law???? I will be highly obliged if you could answer me.

[@NRILegalServices]

In case your father has died without making any WILL, then you and your brother has equal right over his property. A suit can be filed against your brother asking for your fifty percent share in the property. You can approach our local office for assistance.

[@amarnathiniya6419]

Dear mam, My mother married on 1983 .. is still she seligible to claim her rights in ancestral property..???

[@NRILegalServices]

Your mother / a girl child is eligible to claim her rights in the ancestral property provided she and her father were alive as on 09 Sep 2005.

[@subhendusanyal1685]

if the father died in 2001 nd the daughter is till alive in 2018...can she claim in her fathers property??

[@NRILegalServices]

The Hindu Succession Act (amendment) 2005 does not a retrospective effect. Although a female is entitled to share in the coparcenary property irrespective of her year of birth, but the year of death of the father is a paramount importance to determine whether the female/daughter has a right in the coparcenary property. Thus, if the father died before the amendment came into being, the daughter shall not receive the right/share by virtue of merely being born in the coparcenary.

[@vallishayee77]

@@NRILegalServices then what will happen to Danamma @ suman surpur VS Amar case?

[@jagdishkhanna2744]

No...she can't

[@SUN-fo2fv]

MADAM, BUT IN DANAMMA CASE SC AGREED TO GIVE PROPERTY SHARE EVEN FATHER WAS DIED IN 2001.....PLZ BE LIGHT ON THIS.....THIS ONE ISSUE STILL NOT CLEAR TO ALL

[@vivekprakash2000]

@@SUN-fo2fvWhy again confusion? IN DANAMMA CASE SC AGREED TO GIVE PROPERTY SHARE EVEN FATHER WAS DIED IN 2001.....PLZ BE LIGHT ON THIS. Again i become confused. pl some one clear it.

[@8888saini]

If a mother and father disowned his daughter through a public notice and the mother dies intestate that is without a “WILL”,then the disowned daughter claims his share in properties(Ancestral and self acquired) Plz reply with any judgement.

[@8888saini]

Plz reply

[@8888saini]

Plz reply for this

[@NRILegalServices]

Since concept of nature of property for the purposes of inheritance from mother and father are different, lets talk about the rights in the property through father first:- - As far as the right the ancestral (more precisely- coparcenary property) is concerned, the daughters, being coparceners, have a birthright in it with a retrospective effect (because of the amendment of 2005 in the Hindu Succession Act). Thus, even if father has disowned by public notice, the daughter is not divested of her right in the coparcenary property. She still has a share in it. - In case of mother’s property, there is no birth-right of children, and whatever property she holds in her hands, except for the joint property of both the parents, she holds it as an absolute owner. Thus it is her separate property only. And they can disallow their children from having a share in it. [The relevant judgment is - Sachin & Anr v. Jhabbu Lal & Anr RSA 136/2016 & CM No. 19123/2016] In the case of separate property of the parents, the children do not have a birth-right. Therefore, by public notice they can divest their children from it, and consequently if they die intestate then also the disowned children cannot ask for a share in it.

[@8888saini]

Then why In the court the Hon’ble Judge said show me the Law where this mention that disowned child can’t asked for share Plz is there any judgement which show that in interstate death disowned child has not right. I m a senior citizen and facing a this problem. My daughter husband involves in a many criminal cases that why he focused my daughter to run and marriage with her. My daughter run with her and get married in 2005. At that time Me and wife have not any other way except to disowned them to protect themselves and my family from my daughter and her husband. Plz tell me any law which help me.

[@8888saini]

I have gone through the referred judgement of Sachin vs Jhabbu however the same is not exactly relevant as for my case. Can u please suggest me a judgement regarding mother’s property right not to be passed to disowned child. Thanks in anticipation

[@satish_acharya]

What if father had two wives, will the property get divided between the wives equally or will it share between the children equally irrespective of no of children count between wives.

[@NRILegalServices]

If the father has two legal wives, then the property of father is divided equally amongst both the wives and all the children from the wives, each having equal share in the property.

[@krishnas9909]

So what about taking care of parents, their liabilities, etc. ? When the son invested his money, gave money to parents for living, daughters never ever spent single paise, still they will get equal share? Will they share liabilities ?.

[@saswatparija8554]

My grandfather died in 1992. can his daughter get share from his property.

[@NRILegalServices]

Yes she can provided it hasn't been transferred already back then, it will be subject to law of limitation if you challenge that now.

[@satpalyadav449]

SASWAT PARIJA yes if it is ancestral property and there is no degree or will is made by him

[@LawMalayalam]

Can a Hindu divorced woman claims his ex husband's property after his death?

[@syedishan6941]

Yes, 1/8 property

[@LawMalayalam]

@@syedishan6941 1/8 or 50%?

[@syedishan6941]

@@LawMalayalam 1/8 ..remaining go to the sons and daughters of man..

[@LawMalayalam]

@@syedishan6941 if he or the divorced wife remarried can she gets this share?

[@syedishan6941]

@@LawMalayalam yes, she will get after remarried too..

[@sreejayan1012]

Mam how to prove paternity after father's death ,born on 1978have no birth certificate.how to claim property

[@NRILegalServices]

Other then birth certificate paternity can be proved by way of educational certificate and passport. Declaration can also be obtained through the court. Paternity can also be proved through DNA test. DNA test can be performed on siblings to determine paternity/biological father. Same can be done through court orders if siblings do not corporate. Property can be claimed in equal shares through the court once paternity is established. You can write us [e-mail] for further guidance.

[@kimjongun142]

If father dies before 2005 ,can daughter claim her share? if not equal how much she can claim for in properties?

[@NRILegalServices]

The daughter would not get property rights if the father died before the amendment of 2005 in Hindu Succession Act. Because the amended provisions of Hindu Succession Act (amendment), 2005, could not have retrospective effect. The father would have to be alive on 09.09.2005, if the daughter were to become a co-sharer.

[@sadhanasaxena9177]

Thank you

[@vivekprakash2000]

You people are great. i was waiting since long time. but court and advocate are not yet give justice. hope everything become good. Thanks a lot. god bless you. one day or very soon i will help like you. Other wise my life becomes wasted.

[@praveenau4286]

Hi...My father got married both woman 35 years ago. We all used to stay together at same house. we are three children ( one boy @married and 2 girls @unmarried ) and my mother is first wife. Second wife has only one son @ not married .But few months ago my father physically harassed my mom and we came out of the house and my mother filed a case against my father stating harassment and maintenance case. As we are out of the house, taking this as advantage. second wife of my father made him to sign a will for his son. Half of the property is named after my step brother now. We have court hearings now..how my mother has to approach in court now.? Can we get justice.? Please reply as soon as possible.

[@NRILegalServices]

There are provisions for maintenance rights of dependants of a person (including his wife, parents and minor/disabled children/unmarried daughters) in family law as well as criminal procedure code. However, proprietary rights in the property will depend upon a number of factors, including the nature of the property. If you are Hindu (which includes Sikhs, Jains and Buddhists), all of the family members have a share in the Hindu Undivided Family. If the property is also a coparcenary property then daughters have an equal share in that as well, equal to the share of each son, and can ask for the partition of the same. Also, while the litigation is pending, your mother and minor children have a right of interim maintenance till the case is finally decided.

[@sukhvinderchhina5437]

You kept it ambiguous on parents property or Father's property that a women has equal rights. Once woman has the property it becomes seperate property, isn't it? Rather very unnecessary as right that never puts a duty alongside. Its just appeasement of one section of society against their own. If equal partition was solution, then its never quite possible. Love has no reason to divide. So absurd to have immovable property right to someone who doesn't live there. For NRIs its okay, boy or a girl. In villages its just throwing in another bone of contention.

[@NRILegalServices]

According to Hindu Law, once a property is divided between the legal heirs, it becomes their separate property and they have the discretion to dispose, sell, transfer such property in any person’s favour.

[@kbd2820]

Does the rule apply on mother's property also? What if the the mother and father both had died before 2005 can the daughter claim for property?

[@NRILegalServices]

The 2005 amendment is as to the intestate succession of a male and the right of daughters as a coparcener equal to that of the sons in the coparcenary property (ancestral property). It is settled by the Supreme Court of India in 2018 that irrespective of the year of demise of the father, daughters have a right equal to that of sons in the coparcenary property, provided no partition had taken place of the property before 20th December, 2004. As far intestate succession of mother’s property is concerned, daughters and sons would inherit it equally.

[@satpalyadav449]

madam I m subhlata. my great grandfather had a ancestral property. after his death it come to my grandfather. my grandfather give it to my father by decree even when it was a ancestral property and he had no right to give it with papers. can I file a suit for my share. I am married and 35 yrs old woman

[@NRILegalServices]

In case of a Hindu (as per the statutory definition of Hindu Family Laws), a daughter has a right of share in the Hindu Undivided Family property (HUF property). Furthermore, by virtue of the 2005 amendment to the Hindu Succession Act, 1956, daughters have been conferred the title of a coparcener as well. Since it was ancestral property in the hands of your great grandfather, you have the right of an equal share in the coparcenary property too, apart from a separate share in the Hindu Undivided Family property. You can challenge the said decree since it was not devolution by inheritance, as a person has a right in the property of their ancestor up to four degrees of ascent if it was not a separate property.

[@neerajdagar5838]

My grandfather had given his agricultural land (in which our house is located) to my father which got transferred by his will to my mother's attorney on his death (my father died 7 months ago). My mother made my son nominee. Can my sisters intrude in this property ? & Can my mother evict my sisters from this property ? The property is located in Delhi. Kindly advice me some information based on this issue. I would really appreciate your advice. Thanking You Neeraj Dagar

[@NRILegalServices]

As your grandfather gave the property on his own and it was not succession, he held it as separate property and thus had the right to dispose it of by a Will. Your mother also took it as separate property as per the provisions of HSA, 1956. If she has made your son the nominee, it does not mean that he has become owner. Duty of nominee is to distribute property among legal heirs. If you want to avoid conflict with sisters, get a will of your mother executed in your favour or get it transferred in your name