shilpa (IT) 17 July 2012

Father's property to daughters

Hi,

My Grand father has 1 son (My father) and 4 daughters. My father inherited my grand father's property after his death (all my Aunt's had been given dowry equalling their share during the time of their marriages).

Can my aunt's claim their share now? All the property was on my Father's name and some of it has been registered on me (from my father) recently. Can my aunts claim the property which is on my name (but came from my Grand father --> My father--> to me).

Also, I heard that in Andhra pradesh (My state) daughters who are married after 1986 have equal share in father's property. My last aunt is married in 1988. Off late there have been vibes from them about the court case regarding the matter. Can they claim the share even though it is on my name? what if it is on my father's name?

the property came from my grand father is ANCESTRAL property (came from my great grandfather to my grand father).

I would appreciate your help.

Thanks very much,

shilpa

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2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 17 July 2012

Hi Shilpa,

The property being ancestral in nature, your aunts had a birth right in the same. The law as it stands wont deprive them of their share merely because a lot of expense/dowry was given in their marriages, their proprietary rights stand, the fact that they were married before or after a certain time also is inconsequential in light of 2005 amendments in Hindu Succession Act.

They can seek a partition of those properties even the ones, which stand in your name exclusively. Their claim can be tried to be negated through a couple of pleas including limitation.

Consult a seasoned property lawyer with relevant documents.

Good Luck !

alexander (nil) 17 July 2012

i Did grand father leave behind a validly executed (preferably a Registerted) Will. If there was a valid will in which there was no fraud or forgery or undue pressure exerted on grand father at the time of writing his Will then the succession shall be as per Will

2. If there was no Will then the succession shall take place as intestate succession as per the provision of Hindu marriage Act of 1956. This Act was quite favourable to daughters . SECTION 6, Hindu Marriage(Amendment )Act of 2005 puts the daughters and sons on equal footing from the very time of their birth and the daughters are entitled to claim equal share with the sons in the Joint Family property / ancestral property - in your case your Grand Father's property.

3. If there was no Will how has the title of the grandfather's immovable/movable properties has been transferred to your Father ( only son of the Grand father). There should have been a Will. That Will should have been got probated. Then alone the title of the grand Father's Properties could be legally transferred to Father's name.

4. If your Father didn't have proper legal title to the property ,he cannot transfer these properties to any one including you. Remember the Cardinal principal for a layman or otherwise as contained in the Latin Maxim NEMO DAT QUOD NON HABET meaning "that No one can give which one doesn't have." You cannot give a better title than the one you have.

5. Details of the case are sketchy. You may if you like consult a local civil advocate (on the original side.)

Alex

Amateur legal research