Mousumi Sen (Owner) 13 February 2015

Daughter's right in parental property

My father was a member of a HUF in West Bengal in a property belonging to my grandmother. He died in 2002 and later I got married in 2013. I have also a 2 brothers who are my siblings.

Now after my marriage, I stay in my husband's house, but I have kept some rooms locked up in my father's portions in my parental place where I used to stay before my marriage. I fear that if ever I have to go back, then my brothers and their wives might not allow me to enter, so I have kept possession of these rooms. Now I hear that my brothers are going to move court to take possession of those rooms and also ask for compensation for keeping these rooms locked up.

My questions are,

1. Can I not keep these rooms locked up since Section 23 has been removed in the Hindu Succession amendment Act 2005?

2. Is it true that even after the Amendment Act 2005, daughters cannot be a member of their father's HUF after marriage and instead belong to their husband's HUF?

Any relevant cases will also be extremely helpful.

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7 Replies

saravanan s (legal advisor) 13 February 2015

after 2005 amendment daughters have rights equal to that of a son in ancestral property.so you file for a partition suit in the court to claim your share in the ancestral property

Mousumi Sen (Owner) 13 February 2015

Thank you saravanan.s. for your reply. But my question was can my brothers force me to unlock these rooms and give up my possession through court?

Cannot go for partition since we are all (me and my 2 brothers) bound by our promises (written and oral) to my father not to go for partition in this grandmother's property. Also I myself don't want to breakup this property.

saravanan s (legal advisor) 13 February 2015

If those posessions you are talking about belongs to part of ancestral property then it belongs to everyone who forms part of the coparcenary. you cant retain it for yourself unless you all go for a partition and those posessions forms part of your share in ancestral property.

my question was can my brothers force me to unlock these rooms and give up my possession through court?if they are going to take this issue to court it got to be solved only through partition suit.

Mousumi Sen (Owner) 13 February 2015

It is joint HUF property, sir. My father had other brothers (along with their children) too.

As far as I know, property derived from grandmother (female) is not ancestral property.

Also in West Bengal, Dayabhaga law is applied as state law.

surjit singh (Assistant) 15 February 2015

In dayabhaga also you have a title in the property.

Biswanath Roy (Advocate) 16 February 2015

According to Hindu Succession amendment Act,2005 you have same and equal share like your 2 brothers in your ancestral property even if it is a part of HUF property.

Two rooms which you locked up cannot be claimed by your brothers as those two rooms were allotted to you by your father during his life time as apportionment by mutual arrangement for your exclusive use and occupancy.

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T. Kalaiselvan, Advocate (Advocate) 16 February 2015

Matter of fact, the property remains undivided as of now but your brothers have approached court for taking possession. Actually they should have filed a partition suit instead of claiming possession or dispossessing you. That is illegal, wait for the outcome of the court case or challenge the same on the basis of merits on your side. You are right that the property inherited by your father from his mother will not be considered as ancestral property but it will not be treated as HUF property as well. You have full rights to a share in the property left behind intestate by your father who inherited the property from his mother and had been enjoying it till his death as an absolute owner.