Aditya Tadaiya 18 November 2016

Daughters right In father property

Hello sir, My mothwr' father died in 2014 had made a will in which he mentioned that his daughter will have a right In the property (self acquired vacant land) but did not mention the the size of property.. there are 5 sons and two daughters.. her mother is still alive.. partition is scheduled in December by son's mutual understanding.. in which they agreed between them that daughters to give 1500 square feet each out of 12acres of land.. (there was 24 acres of land originally out of which 7 acres is in the name of one of the son n agreed by other sons..n other land has been donated by father).. daughters have been called to give noc for the partition.. Can the daughter claim equal share in the partition?

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5 Replies

Kumar Doab (FIN) 18 November 2016

Has the deceased father mentioned details of the property?

If not the size or share/interest?

Samarpan (M)99958670740 (Free legal advice and legal aid cell) 19 November 2016

The details you gave in your query are quite insufficient to give proper advice. If he did not mention in his will how much share each son and daughter will get, then all of them, his mother and wife will have equal shares. So, if the sons cobble together to deprive the women folk of the family their legitimate right (women includes testator's mother and wife), do not agree for such settlement and let the court decided the shares as per law.