About property rights to daughters

If your grandfather died intestate without making any arrangement in the family about the properties left behind by him after his death, the entireproperties will devolve upon his legal heirs upon his death.  Here the legal heirs to your grandfather are his wife, B andC, D.  Now your grandmother also died, so the legal heirs are B, C and D only. C and D have full rights for equal share in the properties and they can claim their respective shares in the properties left behind their father, i C and D are alive or the legal heirs of C and D can claim their respective shares by due partition, if B is not agreeing for mutual partition, a partition suit may be filed before the court of law claiming your respective shares.

Thank you for your prompt reply but my grand father passed away in 1946 and his son claimed that only he has rights on the property as his sisters were married before the demise of their father. Also they state that daughter wont have share during that time.

Also there were no will made my grandfather since he had a sudden death...

Dear sir,

                Do daughters born before 1956 have equal right in the property?In our family my grandfather had four sons(a,b,c,d )and three daughters (1,2,3).one son(d) went to court for partition and court has given judgement to deposit some money in his name,we did according to that and he lost the rights in that property and he got separated ,this judgement was given in 2011.In the same year we sold that property in that daughters also took the equal share as sons.

Two daughters (1,2) are born before 1956,and at the time of registration i was not aware of judgement of pushpalatha nv case and judgement given by N kumar.Now i am planning to file a case to cancel the registration and to recover the same amount from the daughters.

Will this case stand in honable court of karnataka.Please do reply and thanks in advance

Thanks and regards

Kumar

@Sundar

The grandfather died in 1946. The Hindu Succession Act which gave widow and daughters also equal rights in the property, came into effect only from 1956. Hence the only heir was B, his son. The daughters will have no rights in the intestate property, unless there is any law of limitation for transfer of the property to the name of the heir. How did B transfer the property to his own name in 1991? Did he obtain a succession certificate? If so get copies of the application for the succession certificate and the certificate itself. B could not have changed to his own name without producing death certificates of his father and mother and particulars of his own siblings male and female.

@Naveen

Right of succession with reference to the Hindu Succession Act is not based on the date of birth of the heir. It is based on the date of death of the person in whose name the property was. Daughters born before 1956 also will have the rights, provided the death of the parent was after the Act came into effect. Your case will not stand in the court.

I have some ancestral FARMLAND in Gorakhpur, U.P.

I have 3 brothers and 1 elder sister.  My mother passed away in 1998 and in the same year the name on all farmland was changed to 3 brothers name only (jointly not partitioned).  Now we want to partition the farmland but I want to include my sister also as I consider her as equal to brothers.  I have proposed to divide the land in 4 equal parts.  But my other 2 brothers are not agreeing on this citing old tradition of not giving share to daughter/sister.  

I have come to know of Hindu Succession Act 2005.  I would like to know whether I can add my sister’s name to the properties and partition into 4 equal parts.

My doubts are 1) partition of FARMLAND (khet) come under Hindu Succession Act 2005. 2) Since the property was named to 3 brothers in 1998 will this act apply.