Married Daughter & ancestral property,
satyam
(Querist) 24 December 2009
This query is : Resolved
Can a hindu daughter married in 1997, may seek share from her father’s property’s share got from his father on his death i.e grandfather of the daughter ? In one property, father is residing with his two sons & in second property- one factory is going on.
- How, what ways/ legal provisions/peaceful options when father may deny or not willing to give the share of the daughter ?
- In what type of division/benefit may be got by the daughter when father has other two sons & one daughter excluding me and they are not willing to seek their shares/ dividing the property as they are earning benefits by these properties by rent/business, etc. ?
Ashok Yadav
(Expert) 24 December 2009
Yes the daughtor can get her share by filing a suit for declaration & partition.
adv. rajeev ( rajoo )
(Expert) 24 December 2009
Daughter is also coparcener, she is entittle to claim her share in the ancestral properties.
You have to file suit for partition and seperate possession of your share.
Ashok Said to file declaration and partition it is not necessary to file declaration just simple suit for general partition and seperate possession is sufficient.
satyam
(Querist) 24 December 2009
I wnat more clarification in detrail on my queries as follows :
How, what ways/ legal provisions/peaceful options when father may deny or not willing to give share in property to the daughter ?
- What type of division/benefit may be got by the daughter when father has other two sons & one daughter excluding me and they will not be ready for the same due to their residing & doing business in the properties.
- Thirdly, daughter does not want to create any panic, just want a peaceful share/monthly financial benefits from the her share of the property.
- How will it be calculated the share/financial benefits.
Raj Kumar Makkad
(Expert) 25 December 2009
The daughter during the life time of her father is not entitled to get the partition of the property inherited by her father from his father.
satyam
(Querist) 25 December 2009
More confused as stated by sh. Raj kumar,I wnat clarification in detrail on my queries as per law provisions as follows :
How, what ways/ legal provisions/peaceful options when father may deny or not willing to give share in property to the daughter ?
- What type of division/benefit may be got by the daughter when father has other two sons & one daughter excluding me and they will not be ready for the same due to their residing & doing business in the properties.
- Thirdly, daughter does not want to create any panic, just want a peaceful share/monthly financial benefits from the her share of the property.
- How will it be calculated the share/financial benefits.
