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vedwas (IT Consultant)     15 December 2010

daughters right

Respected Sir,

whether daughters get equal right now in self-acquired in andhra pradesh hyderabad. karta died intestate in the year 1999 leaving wife and two sons and four daughters, all the property maintainence and repairs are done by two sons for the last 20 years. first daughter married in 1977, second daughter married in 1982,third daughter married in 1986 and fourth married in 1987. give the best suggestion how to solve this issue and tell me how a sons claim the liability part.


regards

xyz



Learning

 6 Replies

Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT)     15 December 2010

as it is a self acquired property of father, wife can decide to whom she wants to devote the property from their family member's.

 

 

navdeep singh (lawyer)     15 December 2010

yes.karta died intestate so dpughter has an right in self aquired property 

Manjunath.P.H (Advocate)     16 December 2010

Yes, 

after came into force of central act 2005 there is such state acts are there it is applicable to Andra pradesh also.  therefore Kartha died interstate without any instruments then all females got right over the kartha's self acquired property as son having rights.  

Manjunath.P.H (Advocate)     16 December 2010

further if any developments made by son on the properties then he can collect it from co sharers by showing detailed bills 

Manjunath.P.H (Advocate)     16 December 2010

Yes,

after came into force of central act 2005 there is No state acts are there it is applicable to Andra pradesh also. therefore Kartha died interstate without any instruments then all females got right over the kartha's self acquired property as son having rights. further if any developments made by son on the properties then he can collect it from co sharers by showing detailed bills  

s k s k sarma (advocate)     17 December 2010

first of all you have to verify that the property was purchased by father by his own funds or with the contribution of sons amount. if sons contributed for purchase adn kept in the name of his father and developed by father and sons. then it is joint family property and in that case the daughters have no share as their marriages are taken place much earlier to the act come in to force. 

if the fatehr purchased the property and developed by himself  and died intestate. the sons are managing the property with their money it is to establish whether any amounts or anything given to the daughers at the time of their marriages and any kind of arrangemt or talks taken place during life time of father before elders or family members. so verify the facts from yr clients and if the daughters are given at the time of marriages by father then the daughters will not claim any thing in the proerty left by father. if not  according Hindu law wife , father , mother daughters and sons of deceased are class I heirs and they entilte equeal shares. sons by producing record about their expendeture for maintenance of property then can recover the same from daugthers but here one more aspect will come who enjoyed the yeilds from the property during lfe time and limitation also come to play its role for deciding the quantum of share of daughters . so first of all verify all the facts and do justice to ur client


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