Daughters right in immovable property
Shashank Mehta
(Querist) 28 December 2013
This query is : Resolved
My grand father was having a Shop in Mumbai. He was having 4 sons A, B, C, D.
His son D is having 3 child, 2 sons and 1 daughter i.e. me. My grand father expired 22 years back and my father expired 21 years back i.e. D son of my Grand father.
Now after 21 years my 2 brothers have transferred the share of the shop of my father (D) to their names with uncles A, B, C without giving me my share. My uncles are saying that as your brothers are working in shop since last 21 years we have the right to transfer your father's (D's) share to your 2 brothers without considering daughter i.e. me.
I would like to know is there any rule wherein it says if somebody is working in a shop for N numbers of years then the share of the father is transferred to him without considering married daughters?
Can I fight for my right in the property? What should I do now? Should I file a case?
Thanks a lot for your time.
Advocate M.Bhadra
(Expert) 28 December 2013
The 2005 amendment in the Hindu Succession Act, 1956 has giving equal right to daughters as the sons to claim share in the Ancestral Hindu Family property. The essential issue to decide whether the said property is Ancestral in nature or not is very important & for that any property which has passed from three generation up to the present one who being the fourth generation to enjoy & claim a right over such property.
If your father dies intestate,i.e. without leaving any 'Will' then by law of inheritance as class 1 heir all his children along with his wife will get one share each of this property. In both cases you get a share in the property unless your father if has right over this property as his self acquired property doesn’t make a ‘Will’.
In view of above and to claim your share you can file a suit for partition and Injunction in Civil Court.
Biswanath Roy
(Expert) 29 December 2013
I AGREE WITH THE VIEWS OF ADVOCATE Mr.M. BHADRA.
Shashank Mehta
(Querist) 29 December 2013
Thanks a lot M.Bhadra & Biswanath Roy sir.
Yes this property is Ancestral Hindu Family property. But uncles are saying that my brother is working in shop from past 21 years so we can transfer your fathers share to your brother.
I hope there isn't any cap on number years to demand your share?
prabhakar singh
(Expert) 29 December 2013
YOU HAVE A SHARE WHICH YOU CAN CLAIM THROUGH
SUIT.THERE IS NO LAW AS SUCH ON WHICH THEY ARE STAKING THEIR CLAIM AGAINST A COSHARER .
T. Kalaiselvan, Advocate
(Expert) 29 December 2013
As a legal heir to our deceased father, you have an equal right to a share in his share of property as your brothers. If they have been looking after the shop for 21 years, let them take the profits out of the business as their salaries but they cannot deny you of your legitimate share in the property. If the peaceful negotiations are not fruitful, you may opt for legal action namely partition and also share in the profits of the business, an application restraining the defendants from alienating or encumbering the property simultaneously will also be maintainable.
Biswanath Roy
(Expert) 29 December 2013
Your uncles are saying wrong not conforming with the law of our country. So ignore it.
Rajendra K Goyal
(Expert) 29 December 2013
The contention of your uncle is not based on law.
malipeddi jaggarao
(Expert) 30 December 2013
I agree with expert Mr.Rajendra K Goyal. It is for you to accept their contention or reject it basing on the family relations and genuineness of the reasons for their contention.
Raj Kumar Makkad
(Expert) 30 December 2013
The experts have replied over all aspects of the query so no more to add.
R.V.RAO
(Expert) 25 February 2014
yes. The Hindu succession act-amendment- 2005 gives equal rights to women over ancestral property. THIS IS A CONSTITUTIONAL RIGHT TO WOMEN TO A SHARE OF THE PROPERTY.
so your rights over share of ancestral property is undisputed.
It is funny your brothers argue to deny your share. working in any business/place does not confer any property rights.
File a suit for partition and injunction in civil court.
