Daughter's eligibility forancestoral propertyand my query dtd18-5-2014 under property law
sobhana p.r.
(Querist) 19 May 2014
This query is : Resolved
sir,
1st query
My sisters are asking for shares of our ancestoral property which was partitoned on 31-1-1979.There are 7 children- 5 sons and 2 daughters in our family.I am furnishing the following details.
Our grand father partitioned to his 2 sons( only sons) on 19-12-1957. My father partioned his property to me and my 4 brothers on 31-1-1979. The two sisters were married on 5/1980 and 9/1983 respectively. They were given gold and cash at the time of marriage.we 5 brothers are utilising the landed property for agriculture since 1979 and the properties are under our custody.
My father died on 9/1993 and
mother died on 9/1995
Now my two sisters have filed joint petition claiming their share in the property. The two sisters are well settled with their son and daughters married.I may reuest to inform whether they are eligible for the share?
2nd Query
With reference to the answer to my 1st query,i may inform that our agrl.land is in kerala state and deed is partition deed on 31-1-1979.I may request an immediate reply.
Thanking you
P. Venu
(Expert) 19 May 2014
In Kerala, daughters have always been entitled for their share in family property.
Dr J C Vashista
(Expert) 19 May 2014
I agree with the advise of expert Mr. P Venu.
After amendment in Succession Act (2005), not only in the State of Kerla it is applicable in all states in India except Jammu and Kashmir.
Devajyoti Barman
(Expert) 19 May 2014
Yes, daughters have share in property and they can enforce their rights if resisted by other members of the family by way of suit for partition.
Rajendra K Goyal
(Expert) 19 May 2014
Repeated query:
http://www.lawyersclubindia.com/experts/Daughter-s-eligibility-for-property-472911.asp#.U3mASihKqRQ
http://www.lawyersclubindia.com/experts/Daughter-s-eligibility-forancestoral-propertyand-my-query-dtd18-5-2014-under-property-law-472961.asp#.U3mAqyhKqRQ
Sankaranarayanan
(Expert) 19 May 2014
They also have right on it. As advice by all experts. I too endorse the same
ajay sethi
(Expert) 19 May 2014
repeated query no reply
T. Kalaiselvan, Advocate
(Expert) 19 May 2014
I think, as per my view, once the property which was the share of your father out of his father's property duly partitioned among him and his brother, the property partitioned among you brothers by your father is his own property (whether inherited or self acquired), thus he had full powers to dispose of the property in the manner he desired to and the partition deed made in all your brothers favor excluding your sisters can be held as valid therefore your sisters cannot seek a share in the property as a right over it. You may challenge the suit appropriately. I welcome a different opinion from other experts disagreeing my opinion with reasons.
adv. rajeev ( rajoo )
(Expert) 21 May 2014
Sisters are the co-parceners. They have got equal share in the ancestral property.
