Right s of daughter on partition property

If the property divided during the partition between the father and his brothers was joint family property, the father's sons and daughters will be coparceners and would have an equal right to demand for partition. After the HSA amendment in 2005, section 6 essentially lays down that daughters, same as sons, have a right in HUF by birth, and thus are to be allotted the same share as the sons. The rule of survivorship has been abolished. So yes, the case made by the daughters would be perfectly valid.

 

If the property was acquired by the father after the birth of sons and daughters and (thus) not ancestral, he is open to deal with the property just as he pleases. The daughters' contention would fail. However, please note, self acquired property can attain the color of ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common by the family. (The daughters' contention would then again be valid if this appears to be the case.)

You are correct, so long as your father and brothers did not inherit, but acquired that property, through their individual capacity and efforts and without the aid of family funds.

If partition is valid/registered, then afterwards nature of property may be self acquired.

The owner can dispose the self acquired property in his life time by a valid/registered deed in anyone’s favor.

1st of all get all property related documents, mutation records and link docs and evidence of joint property being enjoyed in common or self acquired property being thrown in ancestral pool…………………….and show all docs and inputs with a very able local senior counsel of unshakable repute and integrity specializing in  revenue/succession/civil matters for a considered opinion.

If the considered opinion is that property in the hands of father is self acquired then:

-- you have the option to accept share as decided by father, take possession and later if you have any heartburn approach court and litigate upto apex court be happy with the decision of court.

Don’t sign any registered family agreement.

During litigation there might be some chance of some amicable settlement or NO settlement at all.

-- you have the option to accept share as decided by father, take possession and be happy with it.

If the considered opinion is that property in the hands of father is joint/HUF/ancestral then:

---- you have the option to accept share as decided by father, take possession and later file for partition.

Don’t sign any registered family agreement.

-- you have the option to not to accept share as decided by father and file for partition.

Your own counsel may also appraise you on his/her strategy.

You may apply your own judgment and decide what is suitable to you.

Prefer to consult and avoid acting on your own.

The owner can dispose his estate/property by a valid/registered deed in his/her life time.

The owner can bequeath by WILL.

It is better to register the WILL.