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Daughter claims share in her fathers property

(Querist) 05 April 2011 This query is : Resolved 

Sir,
My Grandfather Mr Ezhumalai (he is no more) has 3 sons and 1 daughter. All are married. Mr Ezhumalai's cultivating lands are shared by their sons and cultivated for last 20 years. But not registered.

Ezhumalai had given 100 pawns to her daughter during her marriage. But not given any property. Now Ezhumalai's daughter asked share in property.

1. Is it possible to ask share by Ezhumalai's daughter?

2. If yes, can Ezhumalai's sons can claim a share 100 pawns from her sister?

R.Ramachandran (Expert) 05 April 2011
The daughter of Ezhumalai is definitely entitled to equal share in the property.
The fact of Mr. Ezhumalai having spent or given 100 pouns of gold during her marriage has no relevance.
Advocate Bhartesh goyal (Expert) 05 April 2011
Yes,Ezhumalai's daughter is entitled to get equal share in the property of her deceased father.Ezhumalai's son can not claim whatever their father spent or given to his daughter during his lifetime.
G. ARAVINTHAN (Expert) 05 April 2011
Cultivating tenancy is a right conferred to person who were in possession of the property and b4e a cultivating tenant.
When daughter is no way connected with agriculture after marriage, how she will be entitled?
Sivaprakasam (Querist) 06 April 2011
Thanks for your reply


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