Daughters right in fathers property
Sonal
(Querist) 11 August 2017
This query is : Resolved
Hello Sir,
My father dint added my name and my sisters name in 7/12 extract of our residing home which is 3245 acres, I want to know if we can claim our rights for this land or not.
Ms.Usha Kapoor
(Expert) 12 August 2017
You can get transferred your 7/12 extracts from Tehsil office which will mutate your names along with your father if he is alive and reflected in revenue records.By getting transferred your name in 7/12 extracts you will get full ownership rights and your names will be mutated in revenue records. If your father is alive you can ask your father to add you two sisters names in 7/12 records.SINCE IT IS ANCESTRAL PROPERTY AND SINCE 2005 HSA AMENDMENT ACT DAUGHTERS ALSO HAVE BECOME COPARCENERS EQUALLY WITH SONS.Even by birth YOU WILL HAVE A STAKE OVER THAT PROPERTY.Your share is assured even if the records dont show it.After your father's demise all legal heirs can partition his ancestral property according to your respective shares.
Ms.Usha Kapoor
(Expert) 12 August 2017
If you appreciate the above answer -please click the like button.
Keshav Rao N
(Expert) 12 August 2017
I presume it is ancestral property.If so,your share is assured even if the records donot show it.On the demise of the present title holder the property will devolve on the legal heirs.At that time you have option of filing succession certificate application and divide the property among the legal heirs.Or all of the legal heirs jointly can sell the property.Under the 2005 amendment to the Hindu Succession Act daughters have equal share in ancestral property alongwith sons.Your father cannot alienate the property without involving you.
Guest
(Expert) 12 August 2017
Seems to be quite a vague question!
Is it really correct that your residing home is built in a very vast land of 3245 acres?
Further, you have not stated, whether your father is alive or dead?
Keshav Rao N
(Expert) 12 August 2017
Agree with Ms.Kapoor's opinion.Sorry,I had not seen her post before posting mine.
P. Venu
(Expert) 12 August 2017
The facts posted are misconceived. The property is personal to the father. No one has any vested right therein during his life time. Moreover, a mere entry in revenue records do not constitute title to property.
Keshav Rao N
(Expert) 12 August 2017
3245 acres,if it is correct,cannot be selfacquired property!Either there is some mistake(is it sq. yards?) or the querist is not sure of the facts.
Kumar Doab
(Expert) 12 August 2017
The property is self acquired or ancestral?
It is rural, urban or agricultural land?
The property is in which state?
The father is alive or not?
If not; what is date/month/year of death of father?
Rajendra K Goyal
(Expert) 12 August 2017
The information sought by the expert Kumar Doab need to be provided by the queriest for further guidance.
Kumar Doab
(Expert) 12 August 2017
The daughters are married or unmarried?
