Rights of daughters on property Rights of daughters on property

4 years ago

First I explain the situation which is as follows:
Around 1975, the property of father and grandfather put together was getting distributed equally among all the sons. While this was happening, somebody argued on behalf of the unmarried daughters to get them a small share of the property. All the unmarried daughters put together were considered as one son and the property was equally distributed among all the sons plus unmarried-daughters-put-together. It was also written then that when all the unmarried daughters either get married or pass away, the share given to them would be equally divided among the sons.

Presently, some of the unmarried daughters have been married and some of them have passed away. However, there are still 3 unmarried daughters left and they still hold their share of property which they had got in 1975 as explained above.

Now the question is:
The three unmarried daughters want to sell off their share of the property to some third party. However, some of their brothers are objecting this saying that their unmarried sisters can not sell their share of property to third party like this. This is because, in 1975, it was formally registered that the property should go to all the sons after all the daughters are married and/or they pass away.

1. Can the unmarried sisters sell their share of property despite the above mentioned fact that it was formally registered earlier that the property should ultimately go to their brothers only?

2. I have heard that in nineties, a law came into force for equal rights for daughters as well in the ancestral property. In light of this law, can the unmarried daughters (who are still remaining) demand a re-distribution of the whole property equally among themselves and their brothers each one of them getting an equal share irrespective of their gender?
Or, on the contrary, as the initial distribution was made way back in 1975 when the "equal share for both sons and daughters" was not in effect, would the 1975 agreement still continue to hold true? Is the new equal rights law applicable only for partitions made after the new law came into force?

Rameshwar Dadhe

Responded 4 years ago

A.U will need to approach court against Ur brother . Or if properties on Ur name then nothing such issues. U can sell it
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Kishan Dutt Kalaskar

Responded 4 years ago

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A.Dear Sir,
The description given by you is so lengthy, please make it short and re-submit, as experts have no time to spare as this is free and charity work.
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Anonymous

Replied 4 years ago

Thanks for your kind replies. Reposting in short:

In 1975, ancestral property was divided and distributed among brothers and sisters with the papers registered. The distribution was unequal then meaning sisters got very less share as compared to their brothers.

I have heard that later, "equal share for daughters too in the ancestral property" came in to force.

Can the sisters now ask for re-distribution of the same property as per the new law in force demanding equal distribution among them and their brothers?

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