Right of married daughter in joint family business of deceased grand fathers under dayabhaga school
TAMASA SHOME
(Querist) 13 June 2013
This query is : Resolved
My mom's grand father are 3 brothers. they started business as partnership after that they converted it into joint hindu family business. The residential property is also shown as business property. Now my mom's brothers & other male family members are going to transfer the residential property to a promoter to develop the property from where they will get individual flat & cash. Now my mom's brothers say that as a business property under Dayabhaga School of Hindu law the married daughters has no right in this property. But they want NOC from my mom as asked by promoter. Now my query is that whether my mom has the equal right in this property like her brothers or not. If yes then under which Section of law & what will be our next step to safeguard my mom's right. Pls advice.
Dr. Jyothi Vishwanath
(Expert) 13 June 2013
Even if the three brothers converted the business into joint hindu family property, only they will have right in that property in the capacity of tenants-in-common.
It is not mentioned from where the residential property is received. Was it acquired by the brothers from business or it was ancestral in nature.
If it was ancestral in nature, then your mother will have right in it.
Raj Kumar Makkad
(Expert) 13 June 2013
It hardly matters the property is ancestral or self acquired of the grand father of your mother, after his demise, your mother shall also get equal share at par with her brothers. You mother requires to file a suit for partition and possession.
TAMASA SHOME
(Querist) 14 June 2013
Thank you for your reply. The residential property was bought from business income of 3 brothers. My mom's uncle was already file a suit for partition in 1977 & the case was still going on in Calcutta High Court. In that case they had shown my mom & her sisters as defendant. That time my mom was minor & had no knowledge about the case. They are saying now that daughters (married or unmarried) & widow means no female members has any right in this property as it is a business property & the 3 brothers made a will also about it. But they are unable to show us any will. Now what will be our next step to safeguard the interest of female heirs.
