Right to inherited property
m
(Querist) 07 April 2012
This query is : Resolved
Does a married woman have a right to inherited property which has not been transferred in the name of any of the legal heirs. The building is in a dilapidated state and will need demolition and reconstruction in 3-4 years time and is currently occupied by the brothers. Can she ask for an equal share in the property while the building is still in existence. Are there are any conditions under which the share can be denied.
What is the legal remedy available in case the brothers refuse to part with a share in the building. Can you please also quote the section and the act under which the legal remedy is available. Thanking in advance
Adv.R.P.Chugh
(Expert) 07 April 2012
Married or unmarried daughters have equal rights with sons in joint family (ancestral/coparcenory) property. I am assuming there has been no registered partition by deed or court before 2004. If that's the case you can file a civil suit for partition and injunction if you apprehend they may try selling the property.
This right is vested in Daughters by the 2005 Amendments to the Hindu Succession Act, 1955(Section 6)
m
(Querist) 08 April 2012
Thank you all for the reply.... I need a small clarification.. As indicated in the reply, the legal right is available to daughters as per amendments in 2005 in the Hindu Succession Act. So, does it mean that prior to 2005, daughters could not claim a share in inherited property and only sons had a legal right in the property. Could you throw some light on the legal situation in this respect before 2005
Thanks..
