Shaik 24 May 2017

Married daughters rights on fathers property in muslim law

I thank your kind support sir..we have suited a pill as you said in above matter.. I have one more querry which i expecting to clear by you. We are Muslims, this is about my mothers rights on her fathers own earned property aganist a will. Her father has 2 marriages. My mother is 1 st wifes birth. There is a elder sister and younger brothers are there also. Her father made a will in 1980 as a 2 acre property transfer to his son. And giving 1 acre to mother.in my mothers case he didnt registered a will.later on came to know that one of my grandfather's son has managed to sell the 1 acre of my mother. Then my uncle promised to my mother that he will give some share in his 2 acres.but now things are changed. My uncle not willing to share the property to my mother... My querry is there is any chance to my mother to get a share from my uncle...if yes how can we go furthrr.. Thank you.....

Reply Follow

5 Replies

Ms.Usha Kapoor (CEO) 25 May 2017

iF YOU WNJOY GOOD RELATIONAS ANS D RAPPORT WITH YOUR UNCLE TRHERE IS A LIKELIHOOD OF HIS GIVING SOME SHARE OF HIS LANDED PROPERTY TO YOU. iF NOT YOU WON'T SHARE A CHANCE.

Ms.Usha Kapoor (CEO) 25 May 2017

iN MUSLIMS a Married daughter have equal rights in their parental property on PAR WITH THE SONS AS PER AMENDED hsa 2005.

Read

Answer

Notifications

Usha

Rights and Responsibilities of Marriage

Does a married daughter have any rights on her father's property?

Hello.
My Grandfather(Mother's father) have 4 children. 3 married daughters and 1 married son.

1] In 1996, my grandfather gave two plots to daughter no. 3. The owner of the plots were my grand father or grand mother. Now the total cost of the both plots are 50 Lakhs.
... (more)

Have this question too? Request Answers:

Request From Quora

We will distribute this question to writers, and notify you about new answers.

Promoted by Blinkist

Ever read 4 books in one day? Try Blinkist today.

Read or listen to the world's best nonfiction books in a matter of minutes and become a smarter you.

14 Answers

Amit Bihani, works at National Mineral Development Corporation

Answered Sep 11, 2015

The married daughter have equal right in the parental property after the advent of amendment in Hindu Succession Act 1956, that came into force since 9th sept 2005.

The Hindu Succession Act, 1956, originally didn't give daughters equal rights to ancestral property. This disparity was removed by an amendment that came into force on September 9, 2005.

The issue came up before the bench of chief justice Mohit Shah, judges MS Sanklecha and MS Sonak after conflicting views on the matter expressed separately by a single judge and a division bench.

A division bench had opined that the amendment applied to daughters born on or after September 9, 2005. As regards daughters born before 9 September 2005, the judges held that they would get rights in the property upon the death of their father-coparcener (head of a joint family) on or after September 9, 2005.

The bench's final word
The full bench disagreed with this and stated that the daughters would have equal share in the ancestral property, irrespective of their date of birth.
"The amended section 6 applies to daughters born prior to June 17, 1956 or thereafter (between June 17, 1956 and September 8, 2005), provided they are alive on September 9, 2005, that is on the date when the amendment act of 2005 came into force," the judges observed in their order, running into 72 pages.

Now in the first case your mother and other sibling cannot claim the share as that was gifted by you grandfather in his life time. However all of the children (i.e 3 sisters including your mother and 1 brother) of your grandfather have equal right on the other house and plot land .

The gift from father to his son is not part of ancestral property as the son does not inherit the property on the death of the grandfather or receive it by partition made by the grandfather during his lifetime. The grandson has no legal right on such property because his grandfather chose to bestow a favour on his father which he could have bestowed on any other person as well.
Thus, the interest which he takes in such property must depend upon the will of the grantor and therefore, when the son has got the property from his father as a gift, his sons or daughter cannot claim part in it calling it ancestral property. He can alienate the gifted property to anyone he likes and in any way he likes. Such a property is treated as self-acquired property, provided there is no expressed intention in the deed of the gift by the grandfather while gifting the property to his son. (C. N. Arunachala Mudaliar vs C. A. Muruganatha Mudaliar)

Sons and daughters have property rights only on the properties that have devolved upon their father and become ancestral property in the father’s hands.
It is further suggested to have the legal opinion before proceeding further. This is only the rough idea which I have shared.

Martin Sooji (Advocate) 25 May 2017

Originally posted by : Ms.Usha Kapoor
	iF YOU WNJOY GOOD RELATIONAS ANS D RAPPORT WITH YOUR UNCLE TRHERE IS A LIKELIHOOD OF HIS GIVING SOME SHARE OF HIS LANDED PROPERTY TO YOU. iF NOT YOU WON'T SHARE A CHANCE.