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Since this is an area of profound concern these days, and I’ve been facing endless queries on this, here is a basic & overly simplistic layman’s view on the law as it was before 2005 and after it vis-a-vis daughter’s right in joint family/coparcenory/ancestral properties among Hindus in India.  

Concept of Joint Family in a nutshell

We all are aware of the concept of a Joint Family – wherein people related by blood/marriage descending from a common ancestor form a unit, live, work, worship together. This includes all sorts of people, sons/daughters (married, widowed or otherwise), mother, widows of sons etc. All these people have right to maintenance out of joint family properties and assets. 

The Coparcenory

Within this group there is a narrower group called the coparcenory, with it’s constituents being referred to as the coparcenors have birth rights (ownership) in the joint family/ancestral properties, which they can get culled out anytime by a partition, they have the right to sell/gift/will away their share of the property, they also have the power to assail any wrongful transfer of property made by Karta (Karta, for those who arrived late is the eldest lineal member of the family, entrusted with task of managing the property, Karta has the power to even alienate the whole of property in certain circumstantial compulsions). 

BEFORE 2005

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Now before 2005 only son, son’s son, son’s son’s son were coparcenors, with the daughters only having a right to reside in the property and get their marriage expenses defrayed out of the same. A son would acquire proportionate ownership in the property moment of it’s conception, but not the girls.

POST 2005

Post 2005 – now a daughter also would acquire ownership rights on the property from the time of her conception (provided ofcourse she is born alive). She has the same rights of partition and power to deal with the property as she pleases, this right extends to seeking a partition and sale of the family home as well. Hence there is a complete parity in terms of rights.  However it would be profitable to remind ourselves that these rights extend to only ancestral properties (or joint family properties – are properties which people inherit from their paternal ancestors/property through into common hotch potch/property acquired by joint family efforts/accretions etc) and not separate properties (which include property earned by gift/will/acquired through purchase from own funds/acquisitions from own skill etc.) 

But there is a rider - The right to get your equivalent share of the property can be exercised only in cases where there has been no formal partition (partition either through court final decree or through a registered partition deed) before 20.12.2004. In case a partition has already been finalised before the said date, the right collapses. 

HOW TO ASSERT YOUR RIGHT ? FILING A SUIT FOR PARTITION  

The Daughters (married, widowed or unmarried) now can approach the civil court for seeking a partition from their brothers/family/father etc. Their right is equal. Once acquired a lady is free to deal with the property the way she likes and it becomes her absolute property and her children have no right during her lifetime. 

A Daughter can file a suit for partition, on which certain court fees is payable. This court fee depends on the value of her share in the property and has to be calculated as per court fee chart. 


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Comments

12 years ago mohan kumar

waste of going to court as there is no time limitation for completion of cases of atleast maintenance and partition. General opinion is that civil case is a financial rape of court.


12 years ago mohan kumar

We have filed for partition suit in 1989 in Sub court and we won. Opposite parties appealed in High court. Properties worth are Rs.100 crores. Case is pending and how much time High court takes is not known. 95% properties are sold and my advocate tells properties are in lis pendens and you will get right. The rents itself runs into lakhs per month. High court is simply seeing things and when properties are sold it is not taking any action. Opposite parties have altered court records and we have approached Dist. Judge. He told me to appear personally in chamber and no communication is received after completion of 11 years. What to do is not known.


12 years ago hitesh

rising india


12 years ago mohan Kumar

Dear Team, My father had two daughter and two son. amf the youngest My Father Expired writting a will on a plain paper saying that the he got two of his daughter married and and what ever is in his name to be enjoyed by wife( My Mother ) and then it shuld be equally be distributed between his two son which is me and my eldest brother. But this Will is not registered and we do have only photocopy of it He passed away before making it in to a bond paper . After My Father Expired, My Mother had one of the empty site registered in to her name where in, the sale deed ws in my father's name and that was still not registered. she did gift deed to me on the empty site. Now even my mother is no more , Can my brother ( marreid in 1996) or sisters who, one elder got married in 1992 and 2nd elder system who got married in 1993 claim share in my father's house as welll the gift deed made to me. please advise If law say to give away I want to give off what ever has to be given my systers if not , not to give -Thanks in Advance.


12 years ago mohan Kumar

Dear Team, My father had two daughter and two son. amf the youngest My Father Expired writting a will on a plain paper saying that the he got two of his daughter married and and what ever is in his name to be enjoyed by wife( My Mother ) and then it shuld be equally be distributed between his two son which is me and my eldest brother. But this Will is not registered and we do have only photocopy of it He passed away before making it in to a bond paper . After My Father Expired, My Mother had one of the empty site registered in to her name where in, the sale deed ws in my father's name and that was still not registered. she did gift deed to me on the empty site. Now even my mother is no more , Can my brother ( marreid in 1996) or sisters who, one elder got married in 1992 and 2nd elder system who got married in 1993 claim share in my father's house as welll the gift deed made to me. please advise If law say to give away I want to give off what ever has to be given my systers if not , not to give -Thanks in Advance.


12 years ago pushpa Sharma

I want to know that my father was having ancestral property in joint including his 4 brothers.Each brother divided there parts.After that my father made registry to my mothers name.Then they did collaboration with some builder and then they sold that part to him.Then my mother made another registry to my brothers name.We are 5 daughters including me and we dint did any signature on any paper.I want to know that how can they sell there property to the builder and to my brother without their daughters signature.This was not the self aquired property of my father or brother.(1)I want to know that is there any share of their daughters and can we file case for registry roll back.(2)My father and his 4 brothers getting some "muawazaa" from govt i want to know that do we all sisters have any right in that money also because that's also coming from our ancestral property not self aquired.


12 years ago pushpa Sharma

Bharat ji:I want to know that my father was having ancestral property in joint including his 4 brothers.Each brother divided there parts.After that my father made registry to my mothers name.Then they did collaboration with some builder and then they sold that part to him.Then my mother made another registry to my brothers name.We are 5 daughters including me and we dint did any signature on any paper.I want to know that how can they sell there property to the builder and to my brother without their daughters signature.This was not the self aquired property of my father or brother.(1)I want to know that is there any share of their daughters and can we file case for registry roll back.(2)My father and his 4 brothers getting some "muawazaa" from govt i want to know that do we all sisters have any right in that money also because that's also coming from our ancestral property not self aquired.


12 years ago D.Dakshinamoorthy

Dear Sirs, Father acquired property but it is mother's name. A daughter married before 2005 i.e in the year 1964. Will she get partition of the property ? Kindly clarify the same. Thanking you, Dakshina


12 years ago D.Dakshinamoorthy

Dear Sirs, Father acquired property but it is mother's name. A daughter married before 2005 i.e in the year 1964. Will she get partition of the property ? Kindly clarify the same. Thanking you, Dakshina


12 years ago cm jain sir

sir, 1) under which section it can be claimed by a married lady? 2) For 125 crpc maintenance case, If 498a lady is having her parental property then can husband deny maintenance becoz she has sufficient resources to livelihood and she is capable to maintain her. kindly pm also.


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