Can a Daughter Claim on Ancestral Property
Posted On : October 3, 2019
Whether or not daughters can claim their share on the ancestral property according to the Hindu Succession Act 2005 has been discussed including the equal rights of coparceners.
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Post amendment in 2005, daughters, regardless of whether unmarried or married, is regarded as a member of HUF belonging to her father and can be the designated ‘karta’ managing his HUF property.)
Up until the amendment of the Hindu Succession Act, 1956, in 2005, sons and daughters did not have equal property rights. Although sons had absolute right over the property of their father's, only unmarried daughters were able to avail of this right. Once daughters get married, traditionally they are not a part of their father’s family anymore, rather they are a part of their husband’s household.
According to Hindu law, a Hindu Undivided Family (HUF) is essentially a group of persons, all direct descendants of an ancestor in common. People of Hindu, Jain, Sikh or Buddhist faith can form a HUF.
Daughters' rights in the Hindu Succession Act, 2005
Previously, once daughters got married, she wasn’t a part of the HUF of her father. According to the vast majority of people, women were discriminated against and treated unfairly on the issue of property rights. However on September 9, 2005, the Hindu Succession Act, 1956, governing how the HUF property ought to devolve amongst Hindus was amended.
Based on the Hindu Succession Amendment Act, 2005, both married and unmarried daughters, were regarded members of the HUF of their fathers’ and could even be designated as 'Karta' managing his HUF property. According to the amendment, daughters are granted equal rights, duties, liabilities, and disabilities that previously only sons had the right.
Previously, based on the ruling, the amendment granted benefits to a daughter on condition that her father ought to expire after September 9, 2005, and the daughter can be a co-sharer only if both the father and the daughter were living on September 9, 2005.
Nonetheless, on February 2, 2018, the Supreme Court’s general ruling was that a daughter whether alive or dead on the amendment date will have the right to her share in her father’s property, and in the process, her children also would be able to claim the exact same right.
Equal right to be coparceners
A coparcenary is comprised of the oldest member and a family of three generations. Previously a coparcenary used to be comprised of a son, a father, a grandfather, and a great grandfather in ascending order. These days, women too, are eligible to be labeled as a coparcener.
According to the coparcenary, the coparceners have acquired the birthright over the coparcenary property. The interest and share of the coparceners in the property fluctuate as members die and new members are born.
- A coparcenary property can be both an ancestral and self-acquired property. Although in regards to ancestral property, all coparceners have an equal share in the coparcenary property. In regards to self-acquired property, on the other hand, managing the property would be according to a person’s own free will.
- A coparcener can sell his or her share to a third party. Nonetheless, a sale of the type is conditional in the sense that the other members of the coparcenary have the Right of Pre-emption. The other members, nonetheless, reserve the “right of first refusal” in regards to the property, to prevent an outsider’s entry.
- Only a coparcener, just not any member can file a lawsuit demanding that the coparcenary property be partitioned. Therefore, the daughter, being a coparcener, can demand that the property of her father be partitioned.
Click here to connect to Vidhikarya’s registered expert property lawyers for further legal advice in this regard.
Written By:
Avik Chakravorty
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I think you need to very clearly mention what you are leaving for your wife and what you are leaving for you daughter. Daughter's maintenance is your responsibility and that has to be taken care by you till she becomes major and is either married or starts earning for herself.
late on if anything goes wrong because of any reason like her mother marries again or mother is not taking care of her then she can file a case of maintenance on you. So, you need to ensure that her maintenance is fullproof and no possibility of coming back to you with a case.
My brother is trying to claim his right on two of our properties. 1 Response(s)
Dear Client,
Daughters are now treated at par with sons of coparceners and granted equal coparcenary rights in their father's property upon birth itself. Daughters shall remain coparcener throughout life, irrespective of whether their father is alive or not. Please proceed to file a suit in this regard for your fair share in the property.
Ancestral property or not 3 Response(s)
Dear Sir,
The definition of ancestral property is as follows:
=============================================
What does the grandparent's property law in India state? Does the grandson own the right to the property?
All property's owned by a Hindu person devolves onto his class one legal heir's.
Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir)
Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally.
Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.
Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.
Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.
To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner.
Hope this brings some clarity to your question and your sense of entitlements.
Meaning of ancestral property in India-An ancestral property means a propertywhich is devolved upon heirs by the 3 generations above them; father, father's fatheror father's fathers' father. ... That means when a coparcener acquires his share inancestral property than he can make a will to that share and bequest it.
Meaning of ancestral property in India-An ancestral property means a property which is devolved upon heirs by the 3 generations above them; father, father’s father or father’s fathers’ father. It passes to the next three generations.
Meaning of will-A will means a document in which a person specifies the method to be applied in management and distribution of properties after his death.
The basic principle involved is that the property should be four generations old. The right to use and acquire property is accrued by persons through birth itself. The division of property is per stripes i.e. that share of one generation is calculated first than the share of successive generations is subdivided according to share of their predecessor. These basic elements are for governing majorly the Hindus.
If A inherits property, whether movable or immovable, from his father or father’s father, or father’s father’sfather, it is ancestral property as regards his male issue. If A has no son, son’s son, or son’s son’s son in existence at the time when he inherits the property, he holds the property as absolute owner thereof, and he can deal with it as he pleases . A person inheriting property from his three immediate paternal ancestors holds it, and must hold it, in coparcenary with his sons, sons’ sons and sons’ sons’ sons but as regards other relations he holds it and is entitled to hold it, as his absolute property.”[1]
Now answer to the question is that that will to ancestral property is not entirelyillegal. That means when a coparcener acquires his share in ancestral property than he can make a will to that share and bequest it. However will shall be executed after the death of the testator and if the coparcener before acquiring a share makes a will than that will be illegal. Share in ancestral property will be inherited by coparceners. So he can make a will to his share in ancestral property.As whatever he acquires is his share now and he can dispose his assets according to his wishes.
Surender Kumar vs Dhani Ram CS (OS) No.1737/2012 decided on 18th January, 2016 Hon’ble Mr. J. Valmiki Mehta of Delhi High Court ruled-
If a person dies after passing of the Hindu Succession Act, 1956 and there is no HUF existing at the time of the death of such a person, inheritance of an immovable property of such a person by his successors-in-interest is no doubt inheritance of an ‘ancestral’ property but the inheritance is as a self acquired property in the hands of the successor and not as an HUF property although the successor(s) indeed inherits ‘ancestral’ property i.e. a property belonging to his paternal ancestor.
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Ancestral land transferred without daughter's consent 2 Response(s)
Dear Madam,
You can challenge such transfers by filing a partition suit before that please confirm whether it is ancestral property as per following definition.
===========================================================================What does the grandparent's property law in India state? Does the grandson own the right to the property?
All property's owned by a Hindu person devolves onto his class one legal heir's.
Now to the specific scenario's in ur example (for sake of convenience I'm presuming your grandfather has only one legal heir)
Senario1: The property is self acquired by your Grandfather, in such case upon his demise intestate (without a will) the property would devolve upon ur Father and not you. In case your father passes away before your grandfather then in such case it would devolve upon you, your mother and ur siblings equally.
Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.
Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.
Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.
To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acquires at birth unlike other laws of inheritance where right arises upon the death of the the owner.
Hope this brings some clarity to your question and your sense of entitlements.
Meaning of ancestral property in India-An ancestral property means a propertywhich is devolved upon heirs by the 3 generations above them; father, father's fatheror father's fathers' father. ... That means when a coparcener acquires his share inancestral property than he can make a will to that share and bequest it.
Meaning of ancestral property in India-An ancestral property means a property which is devolved upon heirs by the 3 generations above them; father, father’s father or father’s fathers’ father. It passes to the next three generations.
Meaning of will-A will means a document in which a person specifies the method to be applied in management and distribution of properties after his death.
The basic principle involved is that the property should be four generations old. The right to use and acquire property is accrued by persons through birth itself. The division of property is per stripes i.e. that share of one generation is calculated first than the share of successive generations is subdivided according to share of their predecessor. These basic elements are for governing majorly the Hindus.
If A inherits property, whether movable or immovable, from his father or father’s father, or father’s father’sfather, it is ancestral property as regards his male issue. If A has no son, son’s son, or son’s son’s son in existence at the time when he inherits the property, he holds the property as absolute owner thereof, and he can deal with it as he pleases . A person inheriting property from his three immediate paternal ancestors holds it, and must hold it, in coparcenary with his sons, sons’ sons and sons’ sons’ sons but as regards other relations he holds it and is entitled to hold it, as his absolute property.”[1]
Now answer to the question is that that will to ancestral property is not entirelyillegal. That means when a coparcener acquires his share in ancestral property than he can make a will to that share and bequest it. However will shall be executed after the death of the testator and if the coparcener before acquiring a share makes a will than that will be illegal. Share in ancestral property will be inherited by coparceners. So he can make a will to his share in ancestral property.As whatever he acquires is his share now and he can dispose his assets according to his wishes.
Surender Kumar vs Dhani Ram CS (OS) No.1737/2012 decided on 18th January, 2016 Hon’ble Mr. J. Valmiki Mehta of Delhi High Court ruled-
If a person dies after passing of the Hindu Succession Act, 1956 and there is no HUF existing at the time of the death of such a person, inheritance of an immovable property of such a person by his successors-in-interest is no doubt inheritance of an ‘ancestral’ property but the inheritance is as a self acquired property in the hands of the successor and not as an HUF property although the successor(s) indeed inherits ‘ancestral’ property i.e. a property belonging to his paternal ancestor.
Second wife daughter property rights 3 Response(s)
yes.second wife child has equal right to property in family assets after fathers death.
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