Ladies who are all eligible in claiming father's property

Before one could answer your query, you have to give the following minimum information.

1. Where is the property situated

2. Whether your father and mother are alive now. (If not give details as to when did they die?)

3. Whether the property in question is self-acquired property of your father.  If not, how did your father get the said property. If your father got the property from his father - (again you have to indicate whether it is the self acquired property of your grand father).

4. Whether it was a joint family property at any point of time and your father / grand father got the property by way of partition?

5. Or your father got the property by way of inheritance after the death of his father (i.e. your grand father).

6. If your father is not alive, then did he leave any WILL favouring anybody?

Why these questions are relevant are that while in Ancestral property you may have a right depending upon the fact situation, in regard to the self-acquired property of your father no one other than your own father has any right. He can do anything with the property.  If he had not left any will, then all his legal heirs i.e. his widow (your mother), son(s) and daughter(s) will have equal share.

So give the complete answers to the above queries, to get an appropriate legal view.

The property is situated inTamilNadu, Thanjavur itself.

My father and mother are not alive. Mother died on 1983 whereas father died on 1979. My father didnt write any will and it is a property self-acquired by my father. It was not a joint family.

I want to get clear of something which i heard. What i heard is " if a girl married before 1987, they cannot claim rights of their father's property"..

Is there any restrictions like that.. I need the complete detail about it. Please help me on this

Thanks in advance

Now that you have mentioned that it is your father's self-acquired property and that your father is no more and that your father died in the year 1979 without leaving any WILL.

BE REST ASSURED THAT you will have equal share in the said property. Your married status will not at all affect your right to claim equal share in the property. 

Firstly, since your father died without leaving any WILL, all his legal heirs - namely your mother (since died), all his son(s) and all his daughter(s) - whether married or unmarried - would get equal share in the property.

Since your mother might have also died without leaving any will, upon her death, her share will go equally by way of inheritance to all her legal heirs - namely all her son(s) and all her daughter(s) - whether married or unmarried. 

Now that no partition of the property seems to have been done between the legal heirs so far, now straight away the property should go in equal share to all the son(s) and daughter(s) of the deceased.

If you have not got your share, you can institute a suit claiming your share.  Consult your local lawyer.  If your other sisters are not claiming their share, then they can relinquish their share in favour of their only brother.  In which case your brother would get 6/7th of the share in the property while you will be getting 1/7th of the share.

dear. R. Ramachandran,

                                                   plz solve my query...... if in the above mentioned question the property is not self-acquired then what will be the situation............

Dear Mr. Goutam,

If you have a separate query (though a similar one) come in your own thread and pose a query.  In this thread answer will be given only to the main query and connected supplementary questions from the main querist.

You have to open a separate thread and post your complete facts and query to get an answer.

ramachandran sir pl let me know for academic purpose, suppose if all the (6) sisters of sree lakshmi intends to relinquish their respective shares in favor of sree lakshmi instead of their only brother as you have mentioned is it permissible under law and is legally valid.

AS PER THE AMMENDMENTS THE GIRL CAN CLAIM SHARE IN THE PROPERTY OF HER FATHER.SHE MAY FILE A CIVIL SUIT FOR PARTITION OF THE PROPERTY AND LET COURT DECIDE .GIRL MAY BE MARRIED OR UNMARRIED SHE IS ENTITLED FOR SHARE IN HER DECEASED FATHERS PROPERTY.

THE SAID LAW PROVISIONS ARE MADE TO GIVE EQUAL SHARE TO THE FEMALE CHILD IN THE FAMILY ,THE MENTALITY OF BROTHERS NEED TO CHANGE ,WHO ARE NOT WILLING TO GIVE SHARE OF SISTER IN THE PROPERTY OF DECEASED FATHER. HENCE IT IS ADVISIBLE TO FILE CIVIL SUIT FOR PARTITION OF PROPERTY ,LATE COURT DECIDE THE MATTER.GOOD LUCK.

Dear Mr. Srikanth,

A person who has interest in the property can definitely relinquish in favour of whomever that he/she wishes to relinquish.  Yes, if the sisters wish to relinquish their respective shares in favour of the sister (instead of brother) or some sisters in favour of sister and other sisters in favour of brother - all are legally permissible and  legally valid. 

Dear Mr. Nandakumar,

The amended provisions are applicable in respect of Ancestral Property and not self-acquired property.  The property in the instant case is a self-acquired property.

Dear R.Ramachandran sir

Am  Raju from mangalore, but we are settled in bangalore my age is 27.

FAMILY STATUS

1: My grand father and his parents are stayed in some village they have 3 brothers he is helder one.

2: My grand mother parents are took my grand father before mariage with the permission of my grand father parents. because my grand mother is only daughter of there parents.

3: My grand mother parents are register there land in favour of both my grand father and grand mother.

4: For my grand parents there are 3 daughters and 2 sons, am the person of elder son of son

5: My grand father and mother both are prepared will in 1999 in favour me and my uncle son (ravi) his age is 9 moths.

6: Due to some illnes my uncle son (ravi) has died with in couple of month. after period a one more son born for my uncle his name is naveen

7: Still my grand father and grand mother is here 

QUESTIONS

1: Is it possible cancel will now and direct get katha in favour myself(raju) and my uncle son(naveen) through my grand parents?

2: If it cancell this will any chances is there to my 3 daughter of my grand parents to ask a property?

3: If we dont change the will in feature any query will occur for my uncle son(naveen) becuase in will the name is (ravi) not (naveen)?

4: currently my grand parents are not interested give any land to their daughter how to resolve this issue? 

5: if we go to make katha as per my grand parents plan is there any signature required from my grand parents daughters?

Dear Mr. R Ramachandran,

i have a query regarding the same subject  i.e. girls right in fathers property. can u plz guide us for a situation where the son is not ready to share rights in property with sister i.e. daughter & the remedies available to daughter to acuire her right.

Kindly guide thriugh n oblige.

Thanking you.

Dear Rama Chandran,

I have a small doubt my aunt she is unmarried and got expired and can she write a will of my grand fathers property to others.