Daughter’s share in property

Thanks for the clarification madam. 

1. Since the property has been registered, my cousin cannot claim rights to the property. That I have understood.

2. One more small doubt madam. What if my grandfather wrote a will saying that only after his death his son will get the property. In that case, can the granddaughter can claim rights to house since there is only a will and not a registration?

An ancestral property will lose the character as ancestral when it is divided among the heirs – the two sons here.

So even if the property of the grandfather was ancestral it has lost the character of ancestral property when it was divided among his sons. So the son (your uncle) received it as something equivalent to a self acquired property.

So he can register it to his son without giving it to the daughter. It is no longer an ancestral property and hence the inheritance will be according to the law in force now – for Hindus HSA.

If the property owned by the grandfather was ancestral he cannot make a will as it is not his own, but it should be divided among the heirs.

One doubt sir. How was there a division in property?
 

My grandfather had two houses. One (Say House A) was given to my father while another one (Say House B) was given to my uncle. 
 

House B was bought my grandfather way back in 1960s. He has registered in my uncle name recently. The house hasn’t been divided.

Normally when there is dispute between parties regarding division, one party will approach the court with a partition suit. Then the court will assess the situation and make a division by appointing an advocate as its representative to do so.

Since a house cannot be divided, one party will take the house and he will give the other party half of the assessed value of the house.

If parties are ready to divide the property on mutually agree terms, there is no involvement of the court. They can prepare a draft agreement of terms mutually arrived at and register it as a partition deed.