Female property

Since you state it was ancestral property that the mother inherited from her father, the daughters would indeed have a right to share in such property. (HSA amendment, 2005.) In this case, all the siblings would be entitled to 1/5th share in the said property. The daughters can legally contest the mother's decision in a civil court to get their respective shares.

Thank you for the reply. So Section 14 (1) of hindu succession act does not apply here?

Thank you for the reply. So Section 14 (1) of hindu succession act does not apply here?

Removed.

Hi, I'm very regretful for all the confusion and giving you wrong advice at the first instance. I had to get in touch with someone well-versed with the succession laws, and you are correct. Indeed, property inherited by the mother from her father would be her separate property. The daughters DO NOT have a case.

The daughters would only have a right to share in their father's ancestral property. Moreover, the children would be equally entitled to a share in mother's property only through succession. (That is, had she died interstate, which isn't the case here.)

Details are missing. Based on your query, the daughters are not entitled to the property by way of succession or inheritance as the property already stand transferred by way of GIFT. Consult a lawyer with details.

It is believed that all involved are Hindu.

Confirm!

Are you sure that property involved is ancestral?

Who was 1st owner in family e.g. Great great grandfather?

What was date/month/year of death of all in the chain upto father?

 

How did the property devolve to father as in query; by inheritance, registered partition etc?

How did father give to daughter say registered sale/gift deed?

Is father alive?

Post full details

Thanks all.

As the property is an ancestral propety and the coparcener has right over the ancestral property. After 2005 amendment of hindu law, the daughter also comes under under the ambit of coparcener so, the daughters of D have right to get their share in ancestral property..

Details not posted by querist.

Genericaly speaking: If property in hands of D was of nature self acquired/absolute then she could dispose it in her life time by a valid deed say ;Gift deed.

 

The property that devolves by inheritance or acquired by gift/partition/settlement/ sale etc etc is of nature ;self acquired...................

The gift is complete the moment it is acctepted by donee.

The legal heirs can approach court on valid grounds e.g; coercion, fraud etc etc

 

Originally posted by : Shivam Kumar
	As the property is an ancestral propety and the coparcener has right over the ancestral property. After 2005 amendment of hindu law, the daughter also comes under under the ambit of coparcener so, the daughters of D have right to get their share in ancestral property..

That would be true if such ancestral property belongs to the father. Please refer to section 14 of the Hindu Succession Act very carefully. I was in the same boat as you until this very afternoon.