Daughter's share in ancestral property
Chendika PE
(Querist) 30 December 2019
This query is : Resolved
My grandfather acquired a house site and agricultural property from his father through a court decree in 1946 ( In Andhra Pradesh). He died in 1974 and his wife died in 1996. They have 3 sons and 3 daughters.They have not executed any WILL or partition deed. My mother is eldest in family and expired in 2003. The properties have not been partitioned till date, they are in my grandfather's name) .Now the want to dispose the agricultural land and house site. But now the 3 sons want 25% for each of them and they say that they will distribute the remaining 25% into six equal parts and thus give only 1/24th value to each of the 3 daughters. We are arguing that the daughters also will get equal share as sons and we are entitled to get a total of 1/6th share for each of 3 daughters as per the HSA amended act of 2005.
They are saying that as the father died in 1974, before 2005 , daughters will not get any equal share and quoting some Pholvati case
Can you please clarify our eligibility as a daughter ? Can we go to court for filing a partition suit (based on Danamma Case)? Do we have any stand? Please suggest and clarify how we( the daughters) can go ahead?
Thanks and Regards Chendrika
Sb Karma
(Expert) 30 December 2019
go to the court and file partition suit....you will get justice as per your eligibility
No 1/24th rule applied...don't worry
K Rajasekharan
(Expert) 30 December 2019
The Phulavati case and Danamma case are the two cases that govern this issue.
Though the latter judgement recognises the former one, it creates some confusion as well.
However it seems that the facts of this case stated by you do not go well with any of the judgement. Still you can file a case and present your arguments before the court and try your luck.
The essential points derive out of both the cases seem to be as follows:
If the father had passed away prior to 09.09.2005 and no suit for partition is pending, the daughter will not be entitled to claim partition as she will be covered by Phulavati’s case. Therefore she will not be entitled to a share.
If a suit for partition is pending as of 09.09.2005 or is filed thereafter by a male coparcener, a daughter, by virtue of Danamma’s case, will be entitled to make a claim for a share in the joint family property, even where the father has passed away prior to 09.09.2005.
However, the daughter will not be entitled to initiate proceedings herself as in terms of Phulavati’s case, the daughter has no right in terms of the Amendment Act.
If no suit is pending by a male coparcener and if the father has passed away prior to 09.09.2005, a daughter cannot make a claim for partition.
If 09.09.2005 is the cut-off date and the male coparcener (father) was not alive as on that date, whether a suit is pending or not, a female coparcener cannot obtain any right in partition of joint family property.
P. Venu
(Expert) 31 December 2019
The facts posted do not suggest property to be ancestral. As such, all the children have equal share in the property left intestate. A suit for partition could be filed.
T. Kalaiselvan, Advocate
(Expert) 02 January 2020
Your mother was one of the legal heirs of your deceased grandfather.
Upon your grandfather's intestate death, the properties left behind by him shall devolve equally on all his legal heirs.
There is no question of involving the latest amendment to the HSA 1956.
The properties shall be divided into six equal parts and your mother is entitled to one such hare divided properly with metes and bounds and with good and bad soil.
The share of your deceased mother shall again devolve on her own legal heirs namely hr husband and children.
Hence you can file a partition suit and claim your rightful and legitimate share in the properties left behind by your deceased grandfather for partitioning the properties and separate possession of your rightful share in it.
ashok kumar singh
(Expert) 04 January 2020
you may prefer partition suit and or to place any other appropriate suit as to obtain relief in terms of your lawful requirement, laying in terms of your facts as well as in terms of the Law.
Thanks' & Regards'
Ashok Kumar Singh,
Advocate
