paritosh Sharma (service) 15 October 2020

After fathers death in dec 2004 rights of married daughters

Dear Sir/Madam,

I have some doubts in the rights of married daughters in property of father. The query is as under:

My father died in December 2004 without leaving any will. We are Hindu family.

My father left behind his own purchased house in Lucknow which was purchased in 1986 from Development Authority.

My father left behind my mother, two daughters and one son.

One daughter (elder one) got married in year 1996 and settled with her husband.

Son (middle one) Married in 2008 and settled.

Daughter (youngest one) two married in year 2009 and settled with her husband.

I am writing as a son.

My mother and myself dont want to share the property between the married any daughters as the property cannot be devided and all three son and daughters cannot live together because of different reasons. So mother wants her share to be given to son and what is the legal point of not giving the share to daughters and also if any possibility of giving money instead of property share as per the current valuation of the property or the old valuation of property at the time of death of father.

Please urgently clarify on the issue.

All son and daughters in govt. jobs and well settled in their life.

Mother is living with son and in other city.

Regards,

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5 Replies

G.L.N. Prasad (Retired employee.) 16 October 2020

Mother and all her children are equally entitled to the property of father and all are co-sharers. Mutual discussion with other friends and relatives is the only solution. The property value at the time of purchase, the marriage expenses, gifts, etc., given by parents has to be taken into consideration within such family discussions as per facts..

Advocate Bhartesh goyal (advocate) 16 October 2020

Your mother,you and your two married sisters all have right to get equal share in the property left by your father.Get assessed the valuation of property by Govt registered valuation and you may give money as per their share to your sisters.

P. Venu (Advocate) 16 October 2020

The property is jointly vested with the mother an the children. They can settle the issue among them. The sisters and mother can relinquish their shares on mutually agreed terms and execute deed to that effect.