P Goverdhan Reddy (Lawyer) 27 September 2021

Existence of daughter rights in property

A is only son to his father. survived by wife B, Son C and Dauthers D & E. A holding ancestral property and self acquired house. A did marriage of his daughters D & E in the year 1999, 20 years ago. and A died in the year 2015, leaving behind his widow wife B and Son C. who inturn got succession for the above property. Now Son C only, is having title deed of property. Now, daughters are filed a suit for partition in ancestral property, basing on the Supreme court Judgement. May i request, are they eligible for partition or not. As the C is only son, there is no partition took place till todate

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10 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 27 September 2021

Hello, Daughters are having equal share in the property as much as other legal heirs in ancestral and self acquired property of parents. In your case also daughter D and E have their share in their parents property.

P Goverdhan Reddy (Lawyer) 27 September 2021

Sir gd mrng and thanks, I feel supreme court judgement may not suit them, as he is only son, already transaction took place, on his name, without any objection by sisters.

Pradipta Nath (Advocate) 27 September 2021

You need to clarify on the getting succession by the son! Are you talking about Succession Certificate?

P Goverdhan Reddy (Lawyer) 27 September 2021

My question is that, hon'ble sc judgement is applicable in this case. Sisters are filed suit basing on sc judgement.

Pradipta Nath (Advocate) 27 September 2021

yes its applicable.

P Goverdhan Reddy (Lawyer) 27 September 2021

There is some conditions are required to be fulfilled by daughters eligibility. My doubt is that, these D and E sisters are not falling in those condition. Requested to clarify, with sc conditions pl. With regards

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 27 September 2021

the 2005 amendment to the Hindu Succession Act, 1956, gave equal rights to daughters in ancestral property and also in the coparcenary property of her parents.

P Goverdhan Reddy (Lawyer) 27 September 2021

Sir thanks a lot pl.

Kawmini Liyanage 28 September 2021

Dear Sir, Assuming "A" father died intestate the applicable law as above mentioned by Mr. Rama chary Rachakonda is The Hindu Succession Act of 1956. And its amendment of 2005. Specifically the application of section 6 of the amended act should be referred. As the section precisely establishes that "Section 6(1) ...daughter of a coparcener shall,— (a) by birth become a coparcener in her own right in the same manner as the son; (b) have the same rights in the coparcenary property as she would have had if she had been a son;..." since father died in 2015 the application of amended succession act creates no doubt. Further the section 6 (3) give rise to legitimacy of partition of property by considering daughters as equal to sons. Regarding the Supreme Court decision the Vineeta Sharma vs. Rakesh Sharma and others. Civil Appeal no 32601 of 2018 creates Stare decisis for daughters to equal rights for inheritance of coparcenary property. Therefore the said daughters are eligible for a partition claim according to the existing law. the fact "C" is only son does not have precedence. Hope this reply addresses your query. Greetings ! K Liyanage