Share of daughter

It is believed that you are Hindu. Confirm.

After partition the nature of property should be Self Acquired.

Other property might be  self acquired.

Daughter has share, in self acquired properties of father. Why property alone , total wealth, until or unless daughter has not relinquished her share by a valid deed.

We are not aware of ' pavathi khathe'.

The succession opens on date of death of deceased.

The share of wife ( grandmother) if not disposed in  her life time shall also devolve upon her children i.e. including your mother.

You may obtain mutation record with all link docs and show these to a very able counsel specializing in revenue/property/family matters and well versed with local laws.

The Share of a daughter in the ancestral property of a deceased father has been clarified by the honourable supreme court in its recent judgement  PRAKASH&ORS VS PHULAVATI &ORS.

As per this, the  HINDU SUCCESSION (AMENDMENT ACT) 2005 will not have any retrospective effect.

Hence the rights under the amendment are applicable to living daughters of living coparceners as on 9th September 2005 irrespective of when such daughters are born.

In your case, Your Grand- father expired in the year 1971 and hence your mother can not expect a share in the ancestral property.However,self-acquired property of your Grand-father she has a share,provided, the transfer of the property to your uncle is not carried out as per law applicable prior to 20th December 2004

After partition the nature of property might have chnaged to  Self Acquired.

If 'pavathi khathe ' stands for gift/relinquishment and it duly registered then share is probably gone.

You may obtain mutation record with all link docs and show these to a very able counsel specializing in revenue/property/family matters and well versed with local laws.

thanks to all experts