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
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.