Vijender Singh (defence) 19 August 2009

daughter's share in father's property

Sir

Can somebody guide on the following:-

My father in law has expired. He had before death transferred the total land in his son's name. The property was not bought by him rather it is ancestoral property which was transferred by his father in his name. now the son is out of the control of the widowed mother and I want to know ?

1. Whether the mother and two married daughters can claim the share in the land ?

2. Can the son transfer / sell the land to any body else without mother's consent.

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6 Replies

vikas mishra (ADVOCATE) 19 August 2009

Yes even married daughter has right to the father's property

A V Vishal (Advocate) 20 August 2009

Dear Vijender,

You have not stated when your father-in law expired, if he passed before December 2004 and the property was transferred before his death then there is no question of daughters share in the property, the same is applicable in case the property was transferred before 2004 but he died after Dec'2004. However if he died after Dec 2004 and the property was transfered after that date, then the daughters can claim share.

Vivek G.S (Instructor) 21 August 2009

Need Advice and Guidance !!!!

Suit for separate possession and partition B/w my father Deseced by L.Rs and My fathers sister. Would like to know weather my fathers sister gets any share as per Hindu succession act 2005

My Grand Father purchased two houses through a Registered Sale Deed) in a district in, Karnataka in the year 1945 and 1954 which is a self acquired property of his , a agricultural land of 6 Acre which is a ancestral property, he got the land through oral parathion with his brother through a memorandum of partition and another 12 acre agriculture land through his own earnings

He then portioned the immovable property with joint family members namely my Grand Father (Expired 1983),My Grand Mother (Expired on 1997), Father(Expired on2002) all HUF and 3 Members were the joint family members, My Grand Father had only Two Children’s My Father and his Sister,

My Father’s sister was married to a well to do family in 1958, however her name was not included in the partition since she was married in 1958 and partition took place in 1976 B/w the Joint family members, the same was then mutated in the Tax registers and thus became individuals owners of the property

My Grand Father & Grand Mother made a Registered will deed in the year 1981 &1994 respectively before the death favoring his two grandchildren ie me and my brother comprising of the immovable property which they got from the partition which was done in 1976

Following are properties :

1) My Grand Father had a house and 6 Accre land and 12 Accre land which fell to his share after partition in 1976 which was given to the grand children ie me and my brother through a Registered will deed 1981 and expired in 1983, the above mentioned properties were mutated in our name jointly 1983

2) My Grand Mother had a house which fell to hier share after partition in 1976 which was given to the grand children ie me and my brother through a Registered will deed 1994 and expired in 1997, the above mentioned properties are not yet mutated in our name jointly since his death as the suit for partition was filed with –in two months of the death of my grand mother.

However my Grandfather made a registered gift deed of a house to his daughter (my fathers sister) in 1979 a house which he got as a share in the partition which she has accepted and the owner of the house till date

My fathers sister filed a suit for partition in 1997 soon after the death of My Grand Mother the suit is pending and the status is be set for arguments.

As per my fathers sister proclaim that she can claims 50% share in the above mentioned properties with help of Hindu succession act 2005. my Question is will she get any share if so what and what basis. As case was filed in 1997 will the old laws prevail for the said suit or the new 2005 act will be considered. Kindly advice

Thanking you in advance

Sachin Bhatia (Advocate) 09 October 2009

Agreed with Mr. Vishal

emmy (HR) 22 January 2011

It’s a request from four daughters for justice.

We are four sisters and one brother .we are Christian family .Three of us are in New Delhi Two of us are teacher by profession and I am working with an MNC in HR and the youngest one is studying B.ED from Xavier College in Patna. We used to work along with Father in running a private School in Patna We gave equal efforts to run our father’s business My mother is a retired teacher from St. Xavier’s High School Patna All of us are married. Our Father died on 8^th Feb 2009 leaving behind him

 four buildings in Patna:

 one Printing Press as “Prompt Printers”

 A Private School as “St.Josephs High School” Lodipur Patna – 800001.

And other movable and immovable properties. Whole movable and immovable properties are fully under brother’s possession and he is not giving our share in the property. When we ask for our share he misbehaves with us and says that there is no any share for daughters in father’s property.

Kindly help me in this regard to save our right.

Looking forward for a positive response from your end to take this ahead and help us with Justice.

Thanks & Regards,

On behalf of four daughters

Emmy - 9971647021

s (vxcvx) 13 June 2012

my house is build on the plot which has both my name & my father's as owners. Can my married sister claim ownership over house after my father. If yes what is the legal solution to transfer the entire ownership in my name after my father.