Home | Legal Advice | Property Law | Ancestral property | How the daughters get share in the ancestral property

How the daughters get share in the ancestral property after the amendment act 2005

Estimated Reading Time:

How the daughters get a share in the ancestral property? I am 34 years married daughter, live in Delhi. My ancestral property situates in UP Bagpat. We are 4 brothers & sister and my brother has died in a road accident, now we are three sisters only. As per the govt of India regulations the ancestral property should be divided between us equally. I would like to take my part as well. Please suggest. What is the process for this and how can I claim for this? Need to advise how to take my share from the ancestral property as a daughter.

Question from: Delhi

Daughters have the right in the ancestral property after the amendment in section 6 of the Hindu Succession Act. They got such a right by birth in the ancestral property. When they get the right then they can execute it through the court. 

This right is not absolute however, daughter is class one heir along with the son. The said right has been given by the amendment act 2005. There are some conditions for enforcement of this right. If these conditions have happened before 20th day of December 2004 then daughter has no right in the ancestral property.

If the father died before this amendment 

In this situation, the daughter cannot claim right in the ancestral property. When the father dies his ancestral property devolves upon his legal heir who survives at his death. If father died before 2005 then the ancestral property has devolved upon his son only because at the time the only son was the coparcener. The daughter was not coparcener before the amendment act. Therefore, the daughter has no right in the ancestral property. 

When the father has made a Will

If the father has made a legally valid before his death and settled the property then provisions of the Hindu Succession Act will not apply. In devoid of applicability of that Act, the daughter cannot claim right in the property. 

When the father has partitioned the property in his lifetime

If the father has partitioned the ancestral property among the legal heirs then daughter cannot claim therein. Father is the Karta or manager of the ancestral property and has the power to partition. If he has partitioned the ancestral property among the coparceners then the property becomes the self-acquired property. 

If the above conditions are not present

In devoid of above-said conditions you have the right to claim your share in the property. If your deceased brother has a legal heir then he shall be entitled to get his share. Otherwise, the whole property will divide into daughters only. 

Latest Advice

Illegitimate son claim share in ancestral property

Question: Can an illegitimate son claim his share in his father’s ancestral property? My father has solemnised second marriage in hush-hush. We came to know about his illegal marriage after sixteen years. Then my mother left our home and started living in her parents'...

Can my sister sue my children for partition?

Question: Can my sister sue my children for partition of ancestral property? I got the land from my father but I have given it to my children. We are two brothers and one sister. I’m the youngest. After the death of my father his property devolved upon me and my...

Daughter gets right in ancestral property by birth

The Supreme Court has held in the Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1; that daughter gets right in the ancestral property by birth. She will get share in the ancestral property even if her father has died before the 20th September 2005.  There was a...

Division of self acquired and ancestral property

The self acquired property of the deceased person devolves upon his legal heir if the deceased dies intestate (without making a will). So far as ancestral property is concerned the coparceners of Hindu undivided family get share in the ancestral property by birth. Therefore, a Hindu cannot alienate ancestral property by making a testamentary will. The legal heirs can divide the self acquired and ancestral property either by filing a partition suit or through a family settlement deed.

Kanoonirai established in 2014. It provides a facility to consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54