Daughter's right on father's property

sir/ madam

First, u need to see whether your father's property is his self owned property or inherited from his forefathers (coparcenary property). If it is self owned property, then whether he made some will in favour of your mother an/or the two daughters or he died without making a will. If it is his coparcenary property, then automatically u will be owner of 1/3rd portion. Accordingly,  you can be advised further.

warm regards

Richa Dhawan

Advocate

You have posted that it is self owned house implying it self acquired property of deceased father (Hindu Male).

Your father died 5Y back i.e.2009 thus succession has opened in 2009/after 2005.

If father has not left any will then ClassI legal heir are:Spouse/sons/daughters and all share the estate equally.

You may log on to the website of MC/Development authority under whose jurisdiction the property is and check the procedure ‘How to transfer the property in the name of legal heir(s)’ and accordingly submit  forms with documents/enclosures.

All/any legal heir can submit affidavit to Tahsildar/Ex. Megistrate in Suvidha centre and mention names,age of all legal heir in it and this may suffice………………..however check with MC/Dev. Authority/Patwaari etc………..

If there are any hassles the partition can be made by partition deed.

The local lawyer may be approached for it.

Thanks everyone this property is self accuired by father and  has not made any will but he has given letter to society and after his death mother would be having right on this property now if mother inform society that her two daughters are legal heir of this property and after her will that be enough or we need to do any mutual understanding deed ?

The information to society or nomination made in society records shall not create a parallel route to succession and succession shall be in accordance with Hindu Succession laws only.

The nomination as in the record of the society shall only be for the purpose for society to deal with someone for day to day affairs.

Nomination does not supersede  or overrule succession.

On the strength of nomination mother or you alone can not sell the property.

Dear Sir,

We have property near by chennai of land grama natham. My grandfather's father has divided property by using will mentioning the property rights is only to the male legal heir in 1923 and registered that will. The scheduled property of my grand father's has been sold out 85% for their expenses by my grandfather and father by 1981. Now we having only 15% property balance which we living in that house only. My father has 5 daughters and 2 son (includes me). all daughters got married before 1980 itself. my father died in 1999. We are paying all house taxes , eb bill , water tax in the name of my self and my brother seperately for 10 years. we hav kalainchar free patta for house in my name and my brother name seprately. and we have only will copy registered in 1923. after that no partition made so far. now my sister's claiming share for balance 15% of property . is we want to share to them as per law. kindly help me for this ... 

Hi Moon,

                Now this is what you need to do.

Appoint/engage a Lawyer.

To get the property transferred to all the three names, i.e., 1/3rd equal share each the society may demand for the Letters of Administration (if your father died without making a will) or 

A succession certificate (if will was made). Both mean the same. Both are issued by a court of competent jurisdiction and are issued only on making an application mentioning all the Class 1 legal heirs (in your case) and after proper findings, court will issue either of the above and then you are in a better position.

Remember, to claim your legal right, go the correct way. It may take time but it should be done.

Also, remember, as per the Law, if your Father had self acquired the property (with his own income) and also made a Will, then the property will have to be handed over to the person nominated in the will to whom he has devised and bequeathed the property.

Thanks Mr Arpil Palan

Can you pls brief me for the process for aquiring  Succession Certificate for the same. ? Will has not been made .

Hi,

Since no will was made a Letter of Administration will have to be procured from the Court.

You will need to engage a lawyer,

1. Sign Vakalatnama

2. Entire Application for the movable and immovable assets has to be mentioned with all the names of the Legal Heirs.

3. Pay the required court fees with o/p expenses and fees to the lawyer.

4. Application will be filed in court and then court releases notice 1

5. Release of Notice 2

6. Incase no objection to your notices and all the other documents etc required are proper then the court issues a Letter of Administration to you all (all legal heirs)

Hi thank you for replies, 

I want to mention that , No will or partition has been made after that 1st will made in the year 1923 by my great grandfather. The 85% of property sold by my grandfather and father based on the will made at 1923 clearly mentioned that property has right for only to male legal heir (Vaarisu) . So now based on that will quotes of male legal heir rights is it possible to register the balance 15% of property as 1/2 the value in my name and my brother name. 

Also my 5 sisters got married before year 1980 itself. Law made for property right to daughters has been announced in the year 2005. so does we need to give share to our sisters for this balance 15% of property. if share to be given means then 85% property sold by my grandfather and father is legal or not. 

Kindly help me .....( We are paying paying Eb bill , House tax , water tax for balance 15% of property in my name and my brother name seperately from 2001 for about 14 years)