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

Shivendra Pratap Singh

Advocate

29/05/2020

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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. 

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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